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HomeMy WebLinkAbout11-20-2007 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Tuesday, November 20, 2007 CLOSED SESSION – 6:15 P.M. – ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL MEETING TO ORDER – 6:15 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel - Existing Litigation (1 case) (Government Code section 54956.9(a)): Suto v. Saratoga et al. (Santa Clara County Superior Court Case No.107CV078657 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on November 16, 2007) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS 1 CEREMONIAL ITEMS 1. Commendation Honoring Chuck and Peggy Schoppe Recommended action: Present commendation. 2. Proclamation Declaring the Week of November 18-24, 2007 as "National Family Week" Recommended action: Present proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. Review of Accounts Payable Check Registers Recommended action: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: October 31, 2007 November 7, 2007 4. Tree City USA Recommended action: Accept report and authorize staff to submit an application to the Arbor Day Foundation to designate the City of Saratoga as a Tree City USA. 5. Heritage Orchard Pathway - Construction Approval Recommended action: Approve construction of the Heritage Orchard pathway by Donald Hays Trail Contractor, Inc. 6. Renewal of Use Agreement with City of Saratoga for Saratoga Area Senior Coordinating Council Recommended action: Accept report and adopt a resolution authorizing the City Manager to execute the Agreement for Cooperative Program Planning and Use of Facilities with the Saratoga Area Senior Coordinating Council. 2 PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 7. Appeal of Variance and Design Review Application No. 07-233: 20640 Third Street, which was approved by the Planning Commission allowing construction of a new 3,798 square foot commercial building. Recommended action: Deny the appeal, thus affirming the Planning Commission Variance and Design Review Approval issued on September 26, 2007. OLD BUSINESS 8. Establishing a Timeline for the North Campus Child Development Center and Gymnasium Project Recommended action: Accept report and establish a timeline for the North Campus Child Development Center and Gymnasium project and direct staff accordingly. NEW BUSINESS ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao Association of Bay Area Government Hakone Foundation West Valley Mayors and Managers Association City School AdHoc County HCD Policy Committee Friends of the Saratoga Libraries AdHoc Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) Vice Mayor Ann Waltonsmith Hakone Foundation Northern Central Flood Control Zone Advisory Board KSAR SASCC Sister City Liaison Council Finance Committee Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) 3 Councilmember Chuck Page Chamber of Commerce Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) West Valley Sanitation District West Valley Solid Waste Joint Powers Association Village AdHoc Council Finance Committee Friends of the Saratoga Libraries AdHoc Councilmember Kathleen King County Cities Association Legislative Task Force Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC City School AdHoc Councilmember Jill Hunter Historic Foundation Library Joint Powers Association Santa Clara County Emergency Council Santa Clara County Valley Water Commission Village AdHoc CITY COUNCIL ITEMS OTHER CITY MANAGER’S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on November 16, 2007, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 16th day of Novemeber2007at Saratoga, California. Cathleen Boyer, CMC City Clerk 4 Note to public: Please provide the City Clerk with seven (7) copies of any written document that you would like to submit to the City Council in order for it to become part of the public record. NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 11/21 Regular Meeting – Cancelled 12/4 Special Meeting – City Council Reorganization 12/5 Regular Meeting 12/19 Regular Meeting 5 SARATOGA CITY COUNCIL MEETING DATE: November 20, 2007 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Commendation Honoring Chuck and Peggy Schoppe RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: Chuck and Peggy Schoppe will be present to accept the commendation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Commendation 6 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING CHUCK AND PEGGY SCHOPPE WHEREAS, the McWilliams House is an important historic structure and rare cultural artifact for not only the residents of Saratoga but also for all citizens of California; and WHEREAS, the McWilliams House was recently restored by the City of Saratoga for the edification, enjoyment, and appreciation of both the citizens of Saratoga and our many visitors; and WHEREAS, Chuck and Peggy Schoppe coordinated a committee of volunteers to assist in furnishing the McWilliams House to the appropriate historical era; and WHEREAS, both Chuck and Peggy Schoppe have that rare skill and ability to organize and include multiple groups; the City of Saratoga staff, volunteers, donors, Council members, and the press to focus on a large single endeavor that took three years to complete; and WHEREAS, Chuck and Peggy Schoppe spent countless hours identifying appropriate furnishings and driving hundreds of miles to secure them for the project; and WHEREAS, Chuck and Peggy Schoppe also directed the creation of appropriate furnishings and personally restored items used in furnishing the McWilliams House; and WHEREAS, Chuck and Peggy Schoppe organized a donor reception and ribbon-cutting celebration for the re-opening of the McWilliams House, two events that were enjoyed by hundreds of Saratoga citizens. NOW THEREFORE, BE IT RESOLVED that on this 20th day of November, 2007, I, Aileen Kao, Mayor of the City of Saratoga, officially recognize these efforts and publicly commend Chuck and Peggy Schoppe, on behalf of the residents of the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20th day of November 2007. _________________________ Aileen Kao, Mayor City of Saratoga 7 SARATOGA CITY COUNCIL MEETING DATE: November 20, 2007 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Proclamation Declaring the Week of November 18-28, 2007 as “National Family Week” RECOMMENDED ACTION: Present proclamations. REPORT SUMMARY: Representatives from the Saratoga Ministerial Association will be present to accept the proclamations. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Proclamation 8 CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF NOVEMBER 18-24, 2007 “NATIONAL FAMILY WEEK” WHEREAS, the family is the foundation upon which our society is structured, and the family is one of our society’s most important units, and WHEREAS, Saratoga is blessed with a multitude of families - an essential part of the cultural, social, and spiritual fabric that is Saratoga; and WHEREAS, Saratoga recognizes that strong families are at the center of strong communities and that everyone has a role to play in making families successful, including neighborhood organizations, businesses, nonprofit organizations, policymakers, and of course, the families themselves; and WHEREAS, during Thanksgiving week we all should take time to honor the importance of families, and recognize the special connections that support and strengthen families year-round; and WHEREAS, we all should recommit to enhancing and extending all of the connections that strengthen and enrich families. NOW, THEREFORE, I, Aileen Kao, Mayor of the City of Saratoga, do hereby proclaim November 18-24, 2007 Family Week in the City of Saratoga, and I commit this observance to the people of Saratoga and encourage all Saratoga citizens to work to strengthen families in America as individuals and through government and community-based organizations. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20th day of November 2007. ______________________ A i l e e n K a o , M a y o r S a r a t o g a , C a l i f o r n i a 9 AGENDA ITEM: CITY MANAGER: Dave Anderson Karen Caselli DIRECTOR:Mary Furey RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: October 31, 2007 November 7, 2007 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 10/31/07 106396 106460 65 $111,864.19 11/1/07 10/24/07 106395 11/7/07 106461 106520 60 $217,218.18 11/8/07 10/31/07 106460 Total $329,082.37 AP Date Check No. Issued to Dept.Amount 10/31/07 106416 General Gov. Svc.$15,094.83 10/31/07 106420 Various $11,708.08 10/31/07 106438 Various $14,640.93 10/31/07 106452 Com Svc/ PW $20,081.36 11/7/07 106471 Community Development $86,834.16 11/7/07 106474 Public Works $24,138.71 11/7/07 106518 CIP Activity $50,348.26 The following is a list of Accounts Payable checks that were voided or manually issued: Date Check No.Amount 10/24/07 106390 (3,492.24) Voided Check - See check #106230 dated 10/03/07 DescriptionIssued to West Valley Sanitation District MEETING DATE: Date ECS Imaging, Inc. Gachina Landscape Management Monthly Landscaping Services/Irrigation Repairs Fund Type of Checks DEPARTMENT: Various PREPARED BY: Amount Prior Check Register Ending Check No. Purpose Total Checks The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: FY07/08 Cal-ID Cost Alloc and Animal Svc. (4 mo.)City of San Jose General VariousPacific Gas & Electric Monthly Gas and Electric Services Monthly City Street Sweeping Service Universal Sweeping Services General SARATOGA CITY COUNCIL General Finance & Administrative Services Accounts Payable Accounts Payable Checks Released Laser Fiche Agenda Manager purchase November 20, 2007 Starting Check No. SUBJECT: Review of Accounts Payable Check Registers. Union Pacific Railroad Cox Avenue Railroad Crossing Concrete Contract Project County Santa Clara - Dept. of Envir. HealthGeneral FY07/08 Haz. Waste Recycling & Disposal Prg C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report10 The following is a list of cash reduction by fund: Fund #AP 10/31 AP 11/07 Total 001 General 76,006.90 150,355.20 226,362.10 150 Streets & Roads - 201 Manor Drive Landscape 160.00 160.00 202 Ferdericksburg Landscape 132.00 132.00 203 Greenbriar Landscape 220.00 220.00 204 Quito Lighting 1,209.85 1,209.85 205 Azule Lighting 264.25 264.25 206 Sarahills Lighting 288.51 288.51 207 Village Lighting 2,403.41 2,403.41 209 McCartysville Landscape 230.96 230.96 210 Tricia Woods Landscape 82.98 82.98 211 Arroyo de Saratoga Landscape 85.00 85.00 212 Leutar Court Landscape 85.00 85.00 215 Bonnet Way Landscape 127.00 127.00 216 Beauchamps Landscape 136.61 136.61 217 Sunland Park Landscape 340.00 340.00 222 Prides Crossing Landscape 485.94 485.94 224 Village Commercial Landscape - 225 Saratoga Legends Landscape 363.00 363.00 226 Bellgrove Landscape 2,403.45 2,403.45 227 Cunningham/Glasgow Landscape 145.00 145.00 228 Kerwin Ranch Landscape 340.00 340.00 229 Tollgate LLD 179.71 33.99 213.70 231 Horseshoe Landscape/Lighting 327.45 327.45 232 Gateway Landscape 245.00 1,428.07 1,673.07 233 Carnelian Glen 135.00 135.00 270 CDBG Administration - 271 Saratoga Housing & Rehab. Prg.- 320 1,982.40 1,982.40 352 Infrastructure - 400 Library Bond Debt Service - 501 Equipment Replacement ISF - 502 Information Technology - 503 Facility Improvement 12,506.80 3,706.11 16,212.91 Fund Description Park Dev Capital Project C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report11 The following is a list of cash reduction by fund: (continued)- Fund #AP 10/31 AP 11/07 Total 504 Facilities 4,680.97 4,091.24 8,772.21 505 Information Technology 3,168.43 539.95 3,708.38 506 Office Stores Fund 1,136.90 86.69 1,223.59 510 Liability/Risk Mgt - 511 Workers' Comp - 701 Traffic Safety 3,702.15 3,702.15 702 Highway 9 Safety - 703 Hakone ADA Improvements - 704 - 706 Sidewalk Annual Project - 707 Aloha Street Safety Improvement - 708 - 716 Highway 9/Oak Pedestrain - 720 KSAR/CATV Agency Fund - 727 El Quito Area Curb Replacement - 728 Book Go Round Drainage - 731 Storm Drain Upgrades - 732 Median Landscape/Irrigation - 734 Civic Center Landscape 823.02 823.02 735 Village Lights (Zone 7A)- 736 Village Trees Lighting - 738 Cox Ave Railroad Crossing 50,348.26 50,348.26 741 Blaney Plaza Improvements - 743 Blaney Plaza Improv./Cnstrc - 744 Village Sidewalk, Curb/Gutter - 746 Saratoga-Sunnyvale Gateway - 747 - 748 El Ca Grante/Monta Vista - 752 - 755 Warner Hutton House Improv.1,340.00 1,340.00 758 Civic Center - CDD Offices - 760 - 761 Fire Alarm-McWilliams/Book Go - 762 North Campus/19848 Prospect - 766 Historical Park Fire Alarm - 780 - 783 801.15 801.15 790 50.00 50.00 791 1,252.35 1,252.35 792 Alternative Soccer Field - 793 651.67 651.67 795 - 111,864.19 217,218.18 329,082.37 - - - ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Kevin Moran Parks/Trails Repair Wildwood Park - Wtr/Seat UPRR/De Anza Trail Beauchamp Park Fund TOTAL Fund Description Annual Street Resurfacing Saratoga Sunnyvale PH 2 Facility Projects Sara-Sun ADA Curb Ramps Trail Segment #3 Repair Document Imaging Project C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report12 Check Registers in the A/P Checks By Period and Year report format C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report13 14 15 16 17 18 19 20 21 22 23 24 SARATOGA CITY COUNCIL MEETING DATE: November 20, 2007 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Tree City USA RECOMMENDED ACTION: Accept report and authorize staff to submit an application to the Arbor Day Foundation to designate the City of Saratoga as a Tree City USA. BACKGROUND: During the November 7, 2007 Council Meeting, a request by Councilmember Jill Hunter was approved to direct staff to bring back a report on designating Saratoga as a Tree City USA. This program is run through the Arbor Day Foundation and supported by the USDA Forest Service and Community Forestry Program. Several nearby municipalities have been Tree Cities for a number of years; Campbell has been a designated Tree City for twenty-five years and Los Gatos has been part of the program for twenty-seven years. To be designated as a Tree City, a municipality must meet four standards that were established by the Arbor Day Foundation and the National State Foresters to allow any city or town to easily participate in Tree City USA program. Standards for participation include: 1) Tree board, department, or someone legally responsible for the maintenance of City trees—including a professional arborist. 2) A tree care ordinance that provides direction on maintenance, planting, and removal of trees in public places. Additionally, the ordinance must authorize the formation of a tree board or department (which does include an arborist) with the responsibility for creating and implementing an annual work plan. 3) A forestry program with an annual budget of no less than $2 per capita. 4) An annual Arbor Day observance and proclamation. Once designated a Tree City USA, participating cities must apply for recertification each year in December to maintain the Tree City USA title. The renewal process confirms that Tree City USA standards are being met. Page 1 of 2 25 Page 2 of 2 Currently, Saratoga is already meeting most of the minimum qualifications for a Tree City. The City employs a professional arborist, has a tree care ordinance (Article 15-50 Tree Regulation), and spends well over the $2 per capita budget (approximately $60,000 per year) requirement in staffing and maintenance. To be fully compliant with Tree City USA standards, the City will have to hold an annual Arbor Day observance and present a proclamation on Arbor Day. In California, Arbor Day is typically celebrated during the week of March 7th to March 14th. Tree City USA is fairly liberal on the definition and scale of an Arbor Day observance. Neighboring jurisdictions, including Campbell and Los Gatos, have partnered with the community and local schools to celebrate Arbor Day with simple tree plantings. While the City has no formal work plan as prescribed within the Tree City USA standards for a tree care ordinance, developing a work plan will be a matter of creating a single document that captures all of the various elements of tree maintenance that currently take place in the City of Saratoga. As mentioned earlier, the Tree City USA standards were designed to serve as achievable goals for any town or city. Other municipalities, including Campbell and Los Gatos, have found that participation in the programs is relatively easy and has not been a budgetary burden. Furthermore, the designation as a Tree City USA has served as a tool for building a stronger sense of community pride and commitment to a healthy urban forest. FISCAL IMPACTS: If Saratoga becomes part of the Tree City USA program, fiscal impacts would be limited to the cost of an annual Arbor Day observance. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City of Saratoga would not receive Tree City USA designation. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Tree City USA Standards 26 Tree City Standards The Four Standards of a Tree City USA To qualify for Tree City USA, a town or city must meet four standards established by The Arbor Day Foundation and the National Association of State Foresters. These standards were established to ensure that every qualifying community would have a viable tree management plan and program. It is important to note that they were also designed so that no community would be excluded because of size. 1. A Tree Board or Department 2. A Tree Care Ordinance 3. A Community Forestry Program With an Annual Budget of at Least $2 Per Capita 4. An Arbor Day Observance and Proclamation 1. A Tree Board or Department Someone must be legally responsible for the care and management of the community's trees. This may be a professional forester or arborist, an entire forestry department, or a volunteer tree board. Often, both a professional staff and advisory tree board are present, which is a good goal for most communities. A tree board, or commission, is a group of concerned volunteer citizens charged by ordinance with developing and administering a comprehensive tree management program. Balanced, broad-based community involvement is encouraged. Boards function best if not composed entirely of tree- related professionals such as forestry professors, nursery operators, arborists, etc. Fresh ideas and different perspectives are added by citizens with an interest in trees that is entirely avocational. Limited, staggered 27 terms of service will prevent stagnation or burnout, while at the same time assuring continuity. 2. A Tree Care Ordinance The tree ordinance must designate the establishment of a tree board or forestry department and give this body the responsibility for writing and implementing an annual community forestry work plan. Beyond that, the ordinance should be flexible enough to fit the needs and circumstances of the particular community. A tree ordinance provides an opportunity to set good policy and back it with the force of law when necessary. Ideally, it will provide clear guidance for planting, maintaining and removing trees from streets, parks and other public places. For tips and a checklist of important items to consider in writing or improving a tree ordinance, see Bulletin No. 9. 3. A Community Forestry Program With An Annual Budget Of At Least $2 Per Capita Evidence is required that the community has established a community forestry program that is supported by an annual budget of at least $2 per capita. At first, this may seem like an impossible barrier to some communities. However, a little investigation usually reveals that more than this amount is already being spent by the municipality on its trees. If not, this may signal serious neglect that will cost far more in the long run. In such a case, working toward Tree City USA recognition can be used to re-examine the community's budget priorities and re-direct funds to properly care for its tree resource before it is too late. Ideally, this standard will be met by focusing funding on an annual work plan developed after an inventory is completed and a report is approved by the city council. Such a plan will address species diversity, planting needs, hazardous trees, insect and disease problems and a pattern of regular care such as pruning and watering. 4. An Arbor Day Observance and Proclamation 28 This is the least challenging and probably the most enjoyable standard to accomplish. An Arbor Day celebration can be simple and brief or an all-day or all- week observation. It can be a simple tree planting event or an award ceremony that honors leading tree planters. For children, Arbor Day may be their only exposure to the green world or a springboard to discussions about the complex issue of environmental quality. The benefits of Arbor Day go far beyond the shade and beauty of new trees for the next generation. Arbor Day is a golden opportunity for publicity and to educate homeowners about proper tree care. Utility companies can join in to promote planting small trees beneath power lines or being careful when digging. Smokey Bear's fire prevention messages can be worked into the event, as can conservation education about soil erosion or the need to protect wildlife habitat. Still another way to develop Arbor Day is to link it with a tree-related festival. Some that are currently celebrated include dogwood festivals, locust blossom festivals and Macon, Georgia's Cherry Blossom Festival that annually brings more than $4.25 million into the local economy. In meeting the four standards, help is available! The urban and community forestry coordinator in your state forester's office will be happy to work with communities in taking these first steps toward better community forestry. 29 SARATOGA CITY COUNCIL MEETING DATE: November 20, 2007 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Associate Engineer Public Works Director SUBJECT: Heritage Orchard Pathway – Construction Approval RECOMMENDED ACTION: Approve construction of the Heritage Orchard pathway by Donald Hays Trail Contractor, Inc. REPORT SUMMARY: Heritage Orchard pathway construction was approved by the City Council as part of the Capital Improvement Project Plan with funding allocated in the amount of $25,000. In addition, the pathway is included in the Open Space and Conservation Element of the General Plan approved by the City Council earlier this year. Pathway location and material was also discussed and approved by the Heritage Preservation Commission (Attachment 1). City staff distributed Request for Proposals to several contractors that have experience with trail construction. Three companies responded with their proposals ranging from $18,563 to $55,011 (Attachment 2). The lowest proposal in the amount of $18,563 was submitted by Donald Hays. Not only was Mr. Hays’ proposal the lowest, he also has the most experience with building trails. Therefore, staff recommends approval of the Heritage Orchard pathway construction by Donald Hays Trail Contractor, Inc. Pathway construction is scheduled to start in early December, weather permitting. In case of unfavorable weather conditions, the construction will start after the Mustard Walk next spring. FISCAL IMPACTS: Funding for the Heritage Orchard pathway construction is available in the adopted budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Donald Hays Trail Contractor, Inc. would not be selected for this project. The Council may make specific findings and direct staff to re-send the Requests for Proposals to additional construction companies. Page 1 of 2 30 Page 2 of 2 ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Donald Hays will be notified to start construction as described above. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Heritage Orchard Pathway Site Plan 2. Proposals 31 32 33 34 35 SARATOGA CITY COUNCIL MEETING DATE: November 20, 2007 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor SUBJECT: Renewal of Use Agreement with City of Saratoga for Saratoga Area Senior Coordinating Council RECOMMENDED ACTION(S): Accept report and adopt a resolution authorizing the City Manager to execute the Agreement for Cooperative Program Planning and Use of Facilities with the Saratoga Area Senior Coordinating Council. REPORT SUMMARY: The City of Saratoga has helped support the Saratoga Area Senior Coordinating Council (SASCC) since 1981 through direct financial support and a Facilities Use Agreement that allows the organization to use City facilities at reduced or no cost. The previous agreement was renewed in June 2006 for a term of one year. That agreement expired June 30, 2007. On July 18, 2007, staff brought to Council a facility use agreement renewal for the new fiscal year. Council denied the renewal and directed staff to provide support to and increase oversight in the SASCC operations. Following the meeting, Senior Recreation Supervisor, Kim Saxton- Heinrichs served as Interim Director for SASCC through September while SASCC recruited for a new Director. In September, SASCC hired a new Program Coordinator which allowed Kim to return to her duties in the Recreation Department. At the May 30th SASCC Board of Directors meeting, the addition of two representatives from the City to the SASCC Board was approved. Currently, Ann Waltonsmith serves as the City Council designee and Michael Taylor serves as the City Manager’s designee. This inclusion substantially increased the amount of involvement and oversight by the City. In return for the use of the facilities and a contribution to equipment maintenance and repair expenses, SASCC provides a variety of services to the senior community. These services are outlined in Exhibit B of the agreement. It is staff’s belief that SASCC has provided the services described. Furthermore, additional measurable objectives are outlined in Exhibit E of the agreement. Staff considers SASCC’s compliance with these goals to be complete. Specifically, SASCC was able to provide reports pertaining to attendance; trends, and programs for three consecutive fiscal years. SASCC also provides budget information and monthly financial reports to the City. 36 The SASCC Ad-Hoc Committee of Mayor Kao and Councilmember Waltonsmith and staff met with representatives of SASCC to negotiate the terms of the agreement. The agreement is for a term of five years with the option by either party to terminate the agreement with a twelve month advance written notice. Updates to the previous agreement include an update to Exhibit D (City staffing costs), a correction in the hours of use from 8am to 5pm to 8am to 4pm, clarification of community services provided to the City in return for financial contribution, an increase from $1,000,000 to $2,000,000 in liability insurance required of SASCC, and language to include the use of North Campus for SASCC activities. Additionally, a revision was made regarding the consequences of SASCC’s net assets falling below $920,000 from “meet to determine whether this agreement should be amended or terminated” to “meet to determine the need for increased oversight and management” that would allow the City to assist the SASCC organization without formally amending or immediately terminating the agreement. The City Attorney has reviewed the updated agreement. FISCAL IMPACTS: The agreement calls for a contribution to SASCC in the amount of $21,000 for the routine maintenance and repair of equipment in the facilities. An additional contribution from the Outside Agency Fund is to be provided in exchange for SASCC providing non-cost-recovery services such as blood pressure checks, tax assistance, vision and hearing screening, podiatric checks, “fifty-five alive” driving classes, and flu shots to the community. As with the 2006-07 contract, the new agreement would also minimally decrease the potential revenue realized by the Recreation Department. Specific impacts as outlined in the agreement include the following: • SASCC is allowed use of the Community Center Multi-Purpose Room twice annually on a waived fee basis. Twice per year use would result in potential loss of approximately $2,400 per year. • SASCC is allowed use of the North Campus twice annually on a waived fee basis. Twice per year use would result in potential loss of approximately $2,400 per year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: SASCC would not be allowed to use Saratoga Community Center facilities for programs. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: The City Manager will sign and execute the agreement. 37 ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda was posted in compliance with the Brown Act. Additionally, all SASCC Board members received separate notification of the Council meeting. ATTACHMENTS: A – Resolution Authorizing SASCC Use Agreement B - Proposed agreement with attachments 38 Attachment A RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE PROGRAM PLANNING AND USE AGREEMENT WITH THE SARATOGA AREA SENIORS COORDINATING COUNCIL WHEREAS, the City of Saratoga is the owner of facilities and desires to contract with SASCC to allow use of those facilities for the benefit of Senior Citizens in the Saratoga area. WHEREAS, the City of Saratoga desires to assist SASCC in maintaining the facilities and City- owned equipment and in providing insurance coverage for the Facilities, WHEREAS, the City of Saratoga desires to optimize the beneficial use of its facilities and to foster the provision of services tailored to meet the needs of Senior Citizens, WHEREAS, the Saratoga Area Seniors Coordinating Council have conducted senior adult service operations in the facility since 1981 and have expressed a desire to continue these operations; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: The City Manager of Saratoga is authorized to enter into a use agreement with the Saratoga Area Seniors Coordinating Council for the use of the Senior Center building for use as a senior adult activity and adult day care center. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 20th day of November, 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Aileen Kao, Mayor ATTEST: ____________________________ Cathleen Boyer, City Clerk 39 ATTACHMENT B AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA AREA SENIOR COORDINATING COUNCIL TO ESTABLISH OPERATING GUIDELINES FOR USE OF CITY FACILITIES THIS AGREEMENT, is made and entered into by and between the CITY OF SARATOGA, a municipal corporation (“CITY”) and the SARATOGA AREA SENIOR COORDINATING COUNCIL, a California non-profit public benefit corporation (“SASCC”), for the operation and maintenance of the Senior Center, the Saratoga Adult Care Center, and the Senior Modular Building (hereinafter referred to as “Facilities”), the location of which is shown on Exhibit “A” to this Agreement. RECITALS A. CITY is the owner of the Facilities and desires to contract with SASCC to allow use of those Facilities for the benefit of Senior Citizens in the Saratoga area. B. CITY desires to assist SASCC in maintaining the Facilities and City-owned equipment and in providing insurance coverage for the Facilities. C. CITY desires to foster the provision of services tailored to meet the needs of Senior Citizens, for example, to optimize services to customers, outreach to diverse populations and socialization benefits for seniors, as further delineated on Exhibit “B” to this Agreement. D. CITY desires to optimize the beneficial use of its facilities by linking this agreement to specific measurable performance objectives developed on an annual basis by the SASCC Board of Directors in cooperation with the City. E. SASCC desires to operate the Facilities for the benefit of Senior Citizens in the Saratoga area. Now, therefore, it is hereby agreed by and between the parties hereto as follows: I. USE OF FACILITIES A. In General 1. The CITY shall retain ownership of the Facilities, including the building, all fixtures, wall and floor coverings, built-in kitchen appliances, improvements and telephone equipment, excepting those specific designated items that are the property of SASCC as shown in the inventory attached as Exhibit “C”, which is incorporated herein by reference. Items excluded from CITY ownership include movable furniture and equipment purchased directly by SASCC, which are not attached to the Facilities. Exhibit “C” shall be updated annually by SASCC. Upon approval of the update by the City Manager the updated Exhibit “C” shall replace the previous Exhibit “C”. No amendment to this Agreement shall be required to update Exhibit” C”. Page 1 of 7 40 ATTACHMENT B 2. It is understood and agreed that this is solely a use agreement and that SASCC has not been given and is not given a lease of said premises or any part thereof and acquires no easement, license, or other interest in said property owned or constructed by CITY. In further support of SASCC’s programs and towards routine maintenance and repair of equipment in the Facilities the City may provide a monetary contribution of $21,000 as part of the City’s annual budget process. If made, this contribution shall be paid in four equal payments of one quarter the total contribution. Payments shall be made in July, September, January, and April. 3. SASCC shall provide the following community services to the CITY in return for an additional contribution from the CITY in an amount from the City’s yearly one-time funding source to be determined annually: Blood Pressure Checks, Podiatric Checks, Tax Assistance, Vision Screening, Hearing Tests, Senior Nutrition Programs, Fifty- Five Alive Driving Program, Flu Shots, and other non-cost-recovery services as available to the senior population. 4. The CITY shall provide property insurance coverage for the Facilities on the same terms that all other CITY property is insured. CITY shall not provide insurance of any kind for any SASCC property, including the property listed on Exhibit “C”, nor will the City provide insurance for any SASCC programs or activities. SASCC shall be solely responsible for insuring SASCC property in the Facilities and SASCC programs and activities. 5. The City shall provide routine building and janitorial maintenance for the Facilities similar to that provided for all City premises. 6. Upon SASCC’s request, the City shall perform maintenance and repair work to the extent that staff is available. SASCC will be charged a cost that is in accordance with the City’s direct cost rate for applicable personnel at the time the service is provided. Exhibit “D”, “Charges for Personnel Services”, is an illustrative list of charges for applicable personnel at the time this agreement is adopted. Exhibit “D” shall be updated annually by City to reflect changes in these charges based on City contracts and labor agreements. No amendment to this Agreement shall be required to update Exhibit “D” and the charges for personal services shall be based on the City’s direct costs in effect at the time the service is provided regardless of the cost listed on Exhibit “D”. 7. SASCC shall promptly report to the CITY any maintenance and/or repairs necessary for CITY owned property at the Facilities. 8. SASCC shall provide security for Facilities during the hours they are used by SASCC. City shall provide security for the Facilities at all other times. B. Specific Use Page 2 of 7 41 ATTACHMENT B 1. Between 8am to 4pm weekdays, SASCC shall have exclusive use of the Facilities except to the extent that SASCC authorizes City use of the Facilities during those hours. 2. On weekends and after 4pm on weekdays (“After Hours”) use of Facilities shall be in accordance with Saratoga’s policies and procedures for space reservation. For all After Hours uses, SASCC shall set-up and take-down all equipment and furnishings. For all After Hours uses, including uses exempted from a use fee, a City of Saratoga Facilities Attendant is required. SASCC will be charged for the Facility Attendant in accordance with the City’s rate schedule then in effect. However, there will be no charge for the Attendant if another City event requiring a Facility Attendant is in session at the same facility at the same time as the SASCC event. 3. SASCC may reserve and use on the same terms as the public all City facilities normally available for reservation and use by the public except as provided in this agreement. Reservations must be made on a quarterly basis through the City Facilities Coordinator. Request of use and space availability in accordance with standard City procedures is required. No advance deposit and no processing fee shall be required. Use fees (but not fees for any required Facility Attendant) shall be waived for SASCC for certain facilities as described below: a. The Community Center Multi Purpose Room shall be available for reservation After Hours for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City’s regular rental rate. Alternatively, SASCC and the City may agree to trade room time if no other fee-paying use is scheduled for the desired space. b. The Saunders Room shall be available once a week for quarterly reservation After Hours on a waived use fee basis, and thereafter SASCC will be charged 50% of the City’s regular rental rate. c. North Campus shall be available for reservation for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City’s regular rental rate. Alternatively, SASCC and the City may agree to trade room time if no other fee-paying use is scheduled for the desired space. 4. Modular Building - The modular classroom building, which is owned by the City, may be used only for programs and activities consistent with the use guidelines established by the Community Development Block Grant program. All uses of the building must comply with CDBG Guidelines since the building was acquired with CDBG funds. Consistent with those Guidelines, SASCC may make use of the modular classroom building After Hours and no use fee shall apply and no Facility Attendant shall be required but reservations for such use must be made with the City Facilities Coordinator. II. SASCC OBLIGATIONS 1. SASCC shall prepare annual performance objectives and a program report as follows: Page 3 of 7 42 ATTACHMENT B A. The SASCC Board has provided the City with a list of specific measurable objectives for its Senior Center and for its Adult Care Center for fiscal year 2007-08. That list is attached as Exhibit “E” to this agreement. If the term of this agreement is extended, the City and SASCC shall replace Exhibit “E” with an updated list of mutually agreeable objectives each year before the start of the fiscal year to which the objectives apply. B. No later than April 30, 2008, the SASCC Board shall provide the City with a Program Report quantifying levels of accomplishment for each measurable objective during the first three quarters of the fiscal year. If the term of this agreement is extended, SASCC shall provide the City with a Program Report no later than April 30 of each year that the agreement is in effect. The report shall address the preceding four quarters and shall report on performance during those quarters. 2. SASCC shall procure and maintain for the duration of the Agreement broad form liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with use of the Facilities and the performance of the obligations hereunder by SASCC, its agents, representative or employees. A. Minimum Limits of Insurance. SASCC shall maintain limits no less than: i. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. ii. Workers’ Compensation and Employer’s Liability limits of $2,000,000 per accident. B. Other Insurance Provisions. Each required insurance policy shall contain, or be endorsed to contain, the following provisions: i. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of SASCC. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. SASCC’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of said insurance and shall not contribute to it. Page 4 of 7 43 ATTACHMENT B c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. SASCC’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. ii. Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by SASCC for the City. iii. All Coverages Listed Above. a. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. b. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. c. Verification of Coverage. SASCC shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3. SASCC shall defend, indemnify and hold CITY, its officers, officials, employees, volunteers, boards and commissions harmless for any and all liability caused by the negligence or wrongful act of SASCC or its contractors arising out of the performance of this Agreement and the use of the Facilities, and to pay all claims, damages, judgments, legal costs and attorneys’ fees related thereto. Each Party shall promptly notify the other of any claim or of any occurrence which the Party reasonably believes may give rise to a claim against either Party arising out of the ownership, occupation, use, maintenance or repairs of the Facilities. SASCC further agrees to compensate the City for any and all damages to Facilities directly or indirectly resulting from SASCC’s use of the Facilities. Page 5 of 7 44 ATTACHMENT B 4. The Director of SASCC shall serve as a liaison between SASCC and the CITY and shall bring all matters of information, and those requiring action on the part of the City, to the attention of the Recreation and Facilities Director. 5. SASCC shall assume responsibility for reporting any maintenance or facilities use problems to the appropriate City facilities personnel. 6. SASCC shall select and purchase furniture and equipment and annually update Exhibit “C” based on the annual inventory of furnishings and equipment provided to the SASCC auditor. III. ADDITIONAL TERMS 1. Both CITY and SASCC have reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party, and shall not be employed in the interpretation of this Agreement or any amendment of it. 2. Each of the parties represents and warrants that each has full power to enter into this Agreement. 3. This Agreement contains the entire Agreement between the parties with regard to the matters set forth, except as otherwise specifically set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. In the event that SASCC’s net assets fall below $920,000, SASCC and the City Council will meet to determine the need for increased oversight and management. Either party may terminate this Agreement with one-year prior written notice. 4. This Agreement is neither assignable nor transferable to any other party. 5. This Agreement shall commence upon the last date signed below and shall extend through June 30, 2013. It may be extended thereafter by mutual written agreement of the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the latest date listed below. City of Saratoga Saratoga Area Seniors Coordinating Council (SASCC) By: _________________________ Dave Anderson, City Manager Date: ________________________ By: _________________________ Bill Green, SASCC President Date: ________________________ Page 6 of 7 45 ATTACHMENT B Page 7 of 7 Attest: __________________________ Cathleen Boyer, City Clerk Date: ________________________ By: _________________________ Yura Shieu, SASCC Vice President Date: ________________________ Approved as to Form: __________________________ Richard Taylor, City Attorney Date: ________________________ Approved as to Budget Authority & Insurance: __________________________ Mary Furey, Administrative Services Director Date: ________________________ Exhibit List Exhibit A – Map showing location of Facilities Exhibit B - Examples of SASCC activities to meet the needs of seniors Exhibit C – SASCC Equipment List Exhibit D – Charges for Personnel Services Exhibit E – Measurable Objectives 46 ATTACHMENT B AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA AREA SENIOR COORDINATING COUNCIL TO ESTABLISH OPERATING GUIDELINES FOR USE OF CITY FACILITIES THIS AGREEMENT, is made and entered into by and between the CITY OF SARATOGA, a municipal corporation (“CITY”) and the SARATOGA AREA SENIOR COORDINATING COUNCIL, a California non-profit public benefit corporation (“SASCC”), for the operation and maintenance of the Senior Center, the Saratoga Adult Care Center, and the Senior Modular Building (hereinafter referred to as “Facilities”), the location of which is shown on Exhibit “A” to this Agreement. RECITALS A. CITY is the owner of the Facilities and desires to contract with SASCC to allow use of those Facilities for the benefit of Senior Citizens in the Saratoga area. B. CITY desires to assist SASCC in maintaining the Facilities and City-owned equipment and in providing insurance coverage for the Facilities. C. CITY desires to foster the provision of services tailored to meet the needs of Senior Citizens, for example, to optimize services to customers, outreach to diverse populations and socialization benefits for seniors, as further delineated on Exhibit “B” to this Agreement. D. CITY desires to optimize the beneficial use of its facilities by linking this agreement to specific measurable performance objectives developed on an annual basis by the SASCC Board of Directors in cooperation with the City. E. SASCC desires to operate the Facilities for the benefit of Senior Citizens in the Saratoga area. Now, therefore, it is hereby agreed by and between the parties hereto as follows: I. USE OF FACILITIES A. In General 1. The CITY shall retain ownership of the Facilities, including the building, all fixtures, wall and floor coverings, built-in kitchen appliances, improvements and telephone equipment, excepting those specific designated items that are the property of SASCC as shown in the inventory attached as Exhibit “C”, which is incorporated herein by reference. Items excluded from CITY ownership include movable furniture and equipment purchased directly by SASCC, which are not attached to the Facilities. Exhibit “C” shall be updated annually by SASCC. Upon approval of the update by the City Manager the updated Exhibit “C” shall replace the previous Exhibit “C”. No amendment to this Agreement shall be required to update Exhibit” C”. Page 1 of 7 47 ATTACHMENT B 2. It is understood and agreed that this is solely a use agreement and that SASCC has not been given and is not given a lease of said premises or any part thereof and acquires no easement, license, or other interest in said property owned or constructed by CITY. In further support of SASCC’s programs and towards routine maintenance and repair of equipment in the Facilities the City may provide a monetary contribution of $21,000 as part of the City’s annual budget process. If made, this contribution shall be paid in four equal payments of one quarter the total contribution. Payments shall be made in July, September, January, and April. 3. SASCC shall provide the following community services to the CITY in return for an additional contribution from the CITY in an amount from the City’s yearly one-time funding source to be determined annually: Blood Pressure Checks, Podiatric Checks, Tax Assistance, Vision Screening, Hearing Tests, Senior Nutrition Programs, Fifty- Five Alive Driving Program, Flu Shots, and other non-cost-recovery services as available to the senior population. 4. The CITY shall provide property insurance coverage for the Facilities on the same terms that all other CITY property is insured. CITY shall not provide insurance of any kind for any SASCC property, including the property listed on Exhibit “C”, nor will the City provide insurance for any SASCC programs or activities. SASCC shall be solely responsible for insuring SASCC property in the Facilities and SASCC programs and activities. 5. The City shall provide routine building and janitorial maintenance for the Facilities similar to that provided for all City premises. 6. Upon SASCC’s request, the City shall perform maintenance and repair work to the extent that staff is available. SASCC will be charged a cost that is in accordance with the City’s direct cost rate for applicable personnel at the time the service is provided. Exhibit “D”, “Charges for Personnel Services”, is an illustrative list of charges for applicable personnel at the time this agreement is adopted. Exhibit “D” shall be updated annually by City to reflect changes in these charges based on City contracts and labor agreements. No amendment to this Agreement shall be required to update Exhibit “D” and the charges for personal services shall be based on the City’s direct costs in effect at the time the service is provided regardless of the cost listed on Exhibit “D”. 7. SASCC shall promptly report to the CITY any maintenance and/or repairs necessary for CITY owned property at the Facilities. 8. SASCC shall provide security for Facilities during the hours they are used by SASCC. City shall provide security for the Facilities at all other times. B. Specific Use Page 2 of 7 48 ATTACHMENT B 1. Between 8am to 4pm weekdays, SASCC shall have exclusive use of the Facilities except to the extent that SASCC authorizes City use of the Facilities during those hours. 2. On weekends and after 4pm on weekdays (“After Hours”) use of Facilities shall be in accordance with Saratoga’s policies and procedures for space reservation. For all After Hours uses, SASCC shall set-up and take-down all equipment and furnishings. For all After Hours uses, including uses exempted from a use fee, a City of Saratoga Facilities Attendant is required. SASCC will be charged for the Facility Attendant in accordance with the City’s rate schedule then in effect. However, there will be no charge for the Attendant if another City event requiring a Facility Attendant is in session at the same facility at the same time as the SASCC event. 3. SASCC may reserve and use on the same terms as the public all City facilities normally available for reservation and use by the public except as provided in this agreement. Reservations must be made on a quarterly basis through the City Facilities Coordinator. Request of use and space availability in accordance with standard City procedures is required. No advance deposit and no processing fee shall be required. Use fees (but not fees for any required Facility Attendant) shall be waived for SASCC for certain facilities as described below: a. The Community Center Multi Purpose Room shall be available for reservation After Hours for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City’s regular rental rate. Alternatively, SASCC and the City may agree to trade room time if no other fee-paying use is scheduled for the desired space. b. The Saunders Room shall be available once a week for quarterly reservation After Hours on a waived use fee basis, and thereafter SASCC will be charged 50% of the City’s regular rental rate. c. North Campus shall be available for reservation for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City’s regular rental rate. Alternatively, SASCC and the City may agree to trade room time if no other fee-paying use is scheduled for the desired space. 4. Modular Building - The modular classroom building, which is owned by the City, may be used only for programs and activities consistent with the use guidelines established by the Community Development Block Grant program. All uses of the building must comply with CDBG Guidelines since the building was acquired with CDBG funds. Consistent with those Guidelines, SASCC may make use of the modular classroom building After Hours and no use fee shall apply and no Facility Attendant shall be required but reservations for such use must be made with the City Facilities Coordinator. II. SASCC OBLIGATIONS 1. SASCC shall prepare annual performance objectives and a program report as follows: Page 3 of 7 49 ATTACHMENT B A. The SASCC Board has provided the City with a list of specific measurable objectives for its Senior Center and for its Adult Care Center for fiscal year 2007-08. That list is attached as Exhibit “E” to this agreement. If the term of this agreement is extended, the City and SASCC shall replace Exhibit “E” with an updated list of mutually agreeable objectives each year before the start of the fiscal year to which the objectives apply. B. No later than April 30, 2008, the SASCC Board shall provide the City with a Program Report quantifying levels of accomplishment for each measurable objective during the first three quarters of the fiscal year. If the term of this agreement is extended, SASCC shall provide the City with a Program Report no later than April 30 of each year that the agreement is in effect. The report shall address the preceding four quarters and shall report on performance during those quarters. 2. SASCC shall procure and maintain for the duration of the Agreement broad form liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with use of the Facilities and the performance of the obligations hereunder by SASCC, its agents, representative or employees. A. Minimum Limits of Insurance. SASCC shall maintain limits no less than: i. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. ii. Workers’ Compensation and Employer’s Liability limits of $2,000,000 per accident. B. Other Insurance Provisions. Each required insurance policy shall contain, or be endorsed to contain, the following provisions: i. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of SASCC. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. SASCC’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of said insurance and shall not contribute to it. Page 4 of 7 50 ATTACHMENT B c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. SASCC’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. ii. Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by SASCC for the City. iii. All Coverages Listed Above. a. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. b. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. c. Verification of Coverage. SASCC shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3. SASCC shall defend, indemnify and hold CITY, its officers, officials, employees, volunteers, boards and commissions harmless for any and all liability caused by the negligence or wrongful act of SASCC or its contractors arising out of the performance of this Agreement and the use of the Facilities, and to pay all claims, damages, judgments, legal costs and attorneys’ fees related thereto. Each Party shall promptly notify the other of any claim or of any occurrence which the Party reasonably believes may give rise to a claim against either Party arising out of the ownership, occupation, use, maintenance or repairs of the Facilities. SASCC further agrees to compensate the City for any and all damages to Facilities directly or indirectly resulting from SASCC’s use of the Facilities. Page 5 of 7 51 ATTACHMENT B 4. The Director of SASCC shall serve as a liaison between SASCC and the CITY and shall bring all matters of information, and those requiring action on the part of the City, to the attention of the Recreation and Facilities Director. 5. SASCC shall assume responsibility for reporting any maintenance or facilities use problems to the appropriate City facilities personnel. 6. SASCC shall select and purchase furniture and equipment and annually update Exhibit “C” based on the annual inventory of furnishings and equipment provided to the SASCC auditor. III. ADDITIONAL TERMS 1. Both CITY and SASCC have reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party, and shall not be employed in the interpretation of this Agreement or any amendment of it. 2. Each of the parties represents and warrants that each has full power to enter into this Agreement. 3. This Agreement contains the entire Agreement between the parties with regard to the matters set forth, except as otherwise specifically set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. In the event that SASCC’s net assets fall below $920,000, SASCC and the City Council will meet to determine the need for increased oversight and management. Either party may terminate this Agreement with one-year prior written notice. 4. This Agreement is neither assignable nor transferable to any other party. 5. This Agreement shall commence upon the last date signed below and shall extend through June 30, 2013. It may be extended thereafter by mutual written agreement of the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the latest date listed below. City of Saratoga Saratoga Area Seniors Coordinating Council (SASCC) By: _________________________ Dave Anderson, City Manager Date: ________________________ By: _________________________ Bill Green, SASCC President Date: ________________________ Page 6 of 7 52 ATTACHMENT B Page 7 of 7 Attest: __________________________ Cathleen Boyer, City Clerk Date: ________________________ By: _________________________ Yura Shieu, SASCC Vice President Date: ________________________ Approved as to Form: __________________________ Richard Taylor, City Attorney Date: ________________________ Approved as to Budget Authority & Insurance: __________________________ Mary Furey, Administrative Services Director Date: ________________________ Exhibit List Exhibit A – Map showing location of Facilities Exhibit B - Examples of SASCC activities to meet the needs of seniors Exhibit C – SASCC Equipment List Exhibit D – Charges for Personnel Services Exhibit E – Measurable Objectives 53 54 Exhibit B – Examples of SASCC Services 11/6/2007 Page 1 of 1 SASCC agrees to improve and promote the welfare of older adults in the Saratoga area by conducting the activities specified below. 1. Optimize service to customers by: a. Providing trained receptionists from 9 a.m. to 4 p.m. b. Providing customer service training to all staff and volunteers with customer service responsibilities c. Serving member needs and wants for programs, services, and activities d. Respond with program changes as required 2. Outreach to diverse populations with: a. Programs highlighting diverse cultures b. Marketing materials produced in diverse languages and distributed to reach specific groups c. Focus groups 3. Provide socialization benefits from: a. A variety of programs, classes, and activities b. Break-even social events c. Fundraiser with a social component d. Regular Social Group meetings and other functions e. New member coffees f. Hostess program for events g. Opportunities to volunteer h. “Sunshine” program which provides cards to members/families when someone is ill or recently deceased 55 EXHIBIT C – SASCC Equipment List Inventory of Items in the Saratoga Senior Center and Adult Care Center Lounge & Lobby Bookshelves 2 Bulletin Boards 6 Chairs 5 Chalk Board 1 Component stand 1 Couches 4 DVD 1 Lamps 4 Magazine Rack 1 Paintings 4 Silk plant 1 Silk trees 6 Tables 5 TV 1 VCR stand 1 Office Furniture/Equipment Book Shelves 2 Cabinets 2 Chairs 13 Coffee pot 1 Computer, office 6 Copy Machine 1 Desks 6 File Cabinets 9 Lamps 4 Magazine rack 1 Printers 5 Silk trees 2 Step stools 2 Tables 4 Telephones 6 Trash cans 6 Typewriters 2 White board 1 Saunders Room Card Tables 14 Easels 2 Flag & Stand 1 Lecturn 1 Microphone and stand 1 Player Piano & Bench 1 Radio-large player 1 11/6/2007 Page 1 of 4 56 EXHIBIT C – SASCC Equipment List Room dividers 4 Slide Projector 1 Tall padded chair 1 Up right Piano & Bench 1 Storage Area/Saunders Room Coffee pot, small 1 Craft boxes 8 Event boxes 11 Excerise equipment, sets 39 Microwave 1 Refrigerator, Hobart 1 Step ladder 1 Walkers 3 Water cooler 1 Wheel chair 2 Kitchen Bowls, small 151 Coffee carafes 13 Coffee cups 138 Coffee urn warmer 1 Coffee urns large 2 Dessert bowls 70 Dessert plates 156 Dinner forks 249 Dinner knives 150 Dinner plates 147 Dinner soup bowls 143 Dishpans 2 Dishwasher 1 First aid kit-red metal 1 Freezer, Hobart 1 Garbage cans large 2 Kitchen utensils 20 Large strainer 1 Microwave 1 Potholders 4 Punch bowl 1 Refrigerator, Hobart 1 Salad bowls, large clear 8 Salad bowls, small clear 3 Salad plates 147 Salad Forks 120 Serving Forks 11 Serving spoons 19 Serving trays, large 3 Serving trays, large 2 Small strainer 1 11/6/2007 Page 2 of 4 57 EXHIBIT C – SASCC Equipment List Soupspoons 156 Stainless pots w/lids 2 Stainless steel bowls lg 2 Steam table 1 Stove, Wolfe 1 Tablecloths 18 Teaspoons 293 Towels & Pot holders 12 Tubs, gray/plastic 1 Water pitchers 6 Adult Care Center Afghans & blankets 3 Bookshelf, metal 1 Bulletin boards 2 Card tables 2 CD players 2 Chair, black 1 Chairs, blue vinyl 9 Chairs, tan vinyl 10 Closet, portable 1 Coat Rack 1 Coffee mugs 30 Coffee table-square 1 Computer 1 Copier stand 1 Copy machine 1 Desk chairs 2 Desks 2 DVD player 1 End table 1/2 round 3 Fax machine 1 File cabinets 3 Folding step stools 2 Food thermometer 1 Kitchen Utensils 10 Loveseat, blue 2 Monitor 1 Piano stool 1 Pillows 5 Printer 1 Roll-away bed 1 Rubber gloves, pair 1 Standup bulletin board 1 Tables, oblong 6 Telephones 2 Trash cans 3 TV 1 TV stand, wood cabinet 6 Typerwriter stand 1 11/6/2007 Page 3 of 4 58 EXHIBIT C – SASCC Equipment List 11/6/2007 Page 4 of 4 Walkers 1 Wheelchairs 2 Winter Piano 1 Wood bookshelf 5 Patio & Garden Brass memorial plaque 1 Chairs stackable gray 1 Concrete bird bath 1 Large storage shed 1 Metal desk 1 Planters 3 Rakes, gardening tools 6 Rectangular tables-glass tops 2 Round glass table 1 Shovels, assorted 3 Stackable green chairs 17 Umbrella stands 3 VHS player 1 White chairs 4 Modular Building Book case 1 Cabinet in bathroom 1 Computer stands 16 Computers 16 Couches 1 Desks 2 Easels 2 File cabinets 2 Large coffee pot 1 Microwave 1 Monitors 16 Portable TV 1 Projector cart 2 Rectangular tables 9 Refrigerator, Hobart 1 Toaster oven 1 Toaster oven white 2 slices 1 Trash cans 1 59 Exhibit D – Charges for Personnel Services 11/6/2007 Page 1 of 1 Hourly Rates for Select Personnel Services (Includes Benefits) Facility Attendant: $16.00 Facility maintenance Worker: $51.00 IT Analyst: $62.39 NOTE: These rates are subject to potential adjustments July 1, 2008 pursuant to Memoranda of Understanding negotiated between the City of Saratoga and the relevant employee association or union. If the rates are adjusted, this Exhibit will be replaced to reflect current rates effective July 1, 2008. 60 Exhibit E – SASCC Measurable Objectives 11/6/2007 Page 1 of 2 SASCC agrees to provide the information outlined in Part 1 in accordance with the schedule given in the use agreement and to report accomplishments relative to the measurable objectives in Part 2 below. Part 1. Information 1. Membership Information a. Saratoga resident and non-resident distributions (no distribution target; numbers and percentages) b. Identification of ethnicity as determined by surname/personal knowledge (numbers and percentages; Note: identification questionnaires will NOT be used; there will be no targets.) 2. Reports a. Attendance, trends, net number of programs offered for each fiscal year of this agreement. b. A study that establishes baseline facility use data, including peak time usage and cooperative arrangements with other facilities in the Saratoga area and establishes growth targets for Saratogans and other users for future years. c. Number and type of outreach activities conducted and planned d. Adult Care Center utilization data, including number of clients served per month and per year, income and ethnic data as required for Community Development Block Grant reporting, and number of Saratoga residents/nonresidents served. Resident shall be defined as an individual who: i. Is a current resident of the City of Saratoga; ii. Whose immediate family member, caregiver, or guardian is a resident of the City of Saratoga; iii. Who has been a resident of the City of Saratoga prior to moving to an out-of-city facility due to care or supervision needs. e. Monthly financial reports (provided to City Council liaison), including a statement of assets, liabilities and net assets (balance sheet). Part 2. Measurable Objectives 1. Membership Information a. Number of paid individual memberships: target is 750+ b. The ACC will maintain capacity at an average level of at least 90 participant-days weekly. 61 Exhibit E – SASCC Measurable Objectives 11/6/2007 Page 2 of 2 c. Vacancies in the ACC will be filled within two months. (Note: The priority for filling vacancies from the wait list will be: i. Prior participants who are now well enough to return to the program; ii. Residents of Saratoga, as defined in 1.2.d; iii. Residents of Campbell; iv. Residents of any other City that provides funds for the ACC program; v. Length of time on the wait list.) 2. Programs and Services a. Minimum of 10 break-even social and/or fund-raising events per year b. Minimum of one public service event (health fair, flu shot clinics, etc.) per year c. Minimum of 3 ongoing public service activities per month, e.g., blood pressure checks d. Minimum of 22 classes and/or ongoing member activities per year e. Number of unduplicated persons served per year: target is 1,000+ f. Publication of The Outlook newsletter at least 10 times yearly, with a target average distribution of 500+ households/establishments 62 SARATOGA CITY COUNCIL MEETING DATE: November 7, 2007 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Heather Bradley, Contract Planner DIRECTOR: John Livingstone, AICP SUBJECT: Appeal of Variance and Design Review Application No. 07-233: 20640 Third Street, which was approved by the Planning Commission allowing construction of a new 3,798 square foot commercial building. RECOMMENDED ACTION: Deny the appeal, thus affirming the Planning Commission Variance and Design Review Approval issued on September 26, 2007 REPORT SUMMARY: REPORT SUMMARY: The applicant received Variance and Design Review approval to construct a new 3,798 square foot commercial building (with a 1,142 square foot basement). The maximum proposed height is 30 feet, and the building coverage is 50% of the site. The gross lot size is 2,378 square feet, and the site is located within the CH-1 zoning district. A Variance application is necessary to allow development because the lot has a 48-percent average slope. The appellant is requesting that the City Council overturn the Planning Commission’s Variance and Design Review Approval granted on September 26, 2007, on the following grounds as summarized by staff: From Mr. Kwan Lee’s appeal letter dated October 8, 2007 1. There is not enough available parking for future office workers in the new building and they will attempt to park in the Inn’s parking lot. The Inn will then have the added expense of hiring a parking attendant to monitor the lot. The appellant contends that the Planning Commission should have given more consideration to limited availability of parking in the vicinity and the difficulty in monitoring the Inn’s parking lot. 2. One of the required Variance findings is that the project will not be…materially injurious to properties or improvements in the vicinity. This project will be materially injurious to the Inn in that it will be a financial burden to monitor the Inn’s parking lot. The appellant contends that the Planning Commission should have considered that granting the Variance would be materially injurious to the Inn as the immediate neighbor to the project. Page 1 of 3 63 The Planning Commissioners did discuss these issues at their Study Session of May 22, 2007 where the appellant was in attendance and had submitted a letter of opposition voicing similar concerns as stated above. The Commission also discussed parking issues, as reflected in the attached minutes. However, the City adopted a zoning text amendment, which relaxed all parking requirements in the Village on January 18, 2006, and which became effective February 18, 2006. This new ordinance specified that no off-street parking would be required for applications that were deemed complete between March 1, 2006, and February 28, 2009. This amendment identified a parking surplus that would accommodate either construction of 41,850 square feet of new floor area or intensification of uses in the equivalent amount. So far five businesses and new buildings have taken advantage of the relaxed parking requirements, which have utilized a total of 8,594 square feet of floor area, thus leaving 33,256 square feet remaining. With approval of this project the remaining available square footage would be 27,824 square feet. If this project were required to provide parking it is estimated that approximately 20 spaces would need to be provided (purchased within the parking district) based on a mix of retail, office and storage uses. If restaurant uses were proposed the amount of required parking spaces would be higher. The applicants have proposed making some improvements to the parking area located to the south of the existing barn adjacent to Third Street. This would include re-striping the three parking spaces at an approximately 45-degree angle and providing a small landscape buffer adjacent to the barn and new building. Since the renovation of the barn is near completion, Staff has included a condition within the attached Resolution, that the proposed landscaping and re- striping be completed prior to issuance of building permits for the new structure. Staff has also suggested to the appellants a way in which the Inn could cordon off their parking spaces to prevent non-Inn guests from using the spaces on the Inn’s property. This could be done with self-locking gates and key cards given to guests or with traffic cones if the costs of a gate system is prohibitive. FISCAL IMPACTS: Not applicable. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The proposal for a new commercial building would be denied. ALTERNATIVE ACTION: Approve the appeal, denying the proposed project. FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the Saratoga News. Page 2 of 3 64 Page 3 of 3 ATTACHMENTS: 1. Resolution affirming Planning Commission approval of application 07-233. 2. Appeal applications and letters from appellants dated October 8, 2007, & March 22, 2007. 3. Planning Commission Staff Report dated September 26, 2007. 4. Excerpt of Minutes from the September 26, 2007 Planning Commission meeting. 5. Exhibit A, proposed building plans 65 Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISIION’S APPROVAL OF VARIANCE AND DESIGN REVIEW APPLICATION 07-233 SAM CLOUD BARN L.P.; 20640 Third Street WHEREAS, on September 26, 2007, following a public hearing at which time all interested parties were given a full opportunity to be heard and present evidence the City of Saratoga Planning Commission approved a Variance and Design Review application (No. 07- 233 approval to construct a commercial building located at 20640 Third Street, which is located in the CH-1 (Commercial-Historic) zoning district; and WHEREAS, on October 10, 2007, an appeal of the Planning Commission decision was filed by Mr. Kwan Lee; and WHEREAS, on November 7, 2007 the City Council held a public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith; and WHEREAS, this Resolution of the City Council of the City of Saratoga dated November 7, 2007 does supercede and replace the Resolution of the Planning Commission #07-070 dated September 26, 2007; Now, therefore, be it resolved that the City Council of the City of Saratoga hereby: I. Denies each of the appeals and affirms the Planning Commission’s approval of the Variance and Design Review applications; and II. Determines that the project, which includes construction of a 3,798 sq. ft. three-story commercial building (with a 1,142 sq. ft. basement) located in an urbanized area, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (c) New Construction or Conversion of Small Structures of the Guidelines for the Implementation of CEQA. This exemption allows for new structures up to 10,000 square feet in urban areas; and III. Determines that the applicant has met the burden of proof required to support said application for design review approval and makes the following findings as specified in Municipal Code Section 15-46.040: Design Review Findings The proposed project is consistent with all the following Multi-Family and Commercial Design Review findings stated in Municipal Code Section 15-46.040: Page 1 of 7 66 Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1 (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious, Such features include height, elevations, roofs, material, color and appurtenances. This proposal is only for one commercial building, however the development is designed to minimize interference with views and privacy to adjacent properties. The building is stepped down the hillside from the adjacent barn and is also at a lower elevation than the Inn and other buildings in the vicinity. The structure will not be visible from Big Basin Way because it is located behind the Bella Saratoga and Harmony Spa building. It will also have limited visibility from Fourth Street, but will be partially visible from the Third Street parking area in District #3 and also from the lower Inn parking lot adjacent to Saratoga Creek and the District #1 parking lot. The project proposes maintaining some existing vegetation in the far south corner of the lot as well as adding new landscaping in small areas around the structure. The structure is designed in a similar style and with similar materials as other historic structures in the Village, especially resembling the Sam Cloud Hay and Feed Warehouse, with horizontal shiplap siding, similar colors and metal roof. Therefore, this finding can be made in the affirmative. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. The proposal does not include any signage. Future signage will be required to meet the City sign code requirements and Village Design Guidelines. Therefore, this finding can be in the affirmative. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and to the maximum extent feasible it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. There is very little existing landscaping on the property. The applicants intend to retain the one tree located at the southerly corner of the site. New landscaping will be planted in areas at the front, adjacent to the parking lot, at the back adjacent to the retaining wall and the side around the proposed patio. Therefore, this finding can be made in the affirmative. (d) Colors of wall and roofing materials shall blend with the natural landscape and be non-reflective. The proposed colors and materials will blend with the natural landscape and be non-reflective. Further, the use of colors, materials and detailing add interest and articulation to the buildings. Therefore, staff is able to make this finding in the affirmative (e) Roofing materials shall be wood shingles, wood shakes, tile or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. The proposed colors and materials will blend with the natural landscape and be non-reflective. Further, the use of colors, materials and detailing add interest and articulation to the buildings. Therefore, this finding can be made in the affirmative. Page 2 of 7 67 Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1 (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. The proposed project will be compatible with other developments in the Village. The area is mostly comprised of two and three-story structures of approximately the same height and bulk. While the architectural styles vary this proposal will be compatible. Therefore, this finding can be made in the affirmative. IIII. Determines that the applicant has met the burden of proof required to support the Area J- Village Goals Area Plan J - The Village - Guideline # 7: Encourage development of types of establishments with structures designated to maintain a ‘country’ atmosphere. All new structures in the Village should be designed to promote an historic area of the City. The architectural style of the proposed building is in keeping with the historic nature of the Village and is designed to be compatible with the Sam Cloud Hay and Feed Warehouse as well as the more modern Inn at Saratoga. The metal roof, wood siding and wood trim windows lend to this historic feel. V. Determines that the applicant has met the burden of proof required to support the Land Use Policy of the General Plan Land Use Policy LU 7.1 - The City shall consider the economic impacts of all land use decisions on the City. The project proposes to locate a new building on the site,which will enhance economic opportunities within the City. VI. Determines that the applicant has met the burden of proof required to support said application for Variance approval, in accordance with the following findings of Saratoga Municipal Code Section 15-70.060: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. Due to the steep topography of the site, construction of any structure would not be possible without the granting of a Variance and the property is a legal lot of record. Staff has determined that the structure is consistent with all of the Design Review findings and that denying the development due to slope would be an undue hardship and deprive the applicant privileges enjoyed by other property owners and businesses in the vicinity. Therefore, this finding can be made in the affirmative. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the imitations on other properties in the vicinity and classified in the same zoning district. Granting of this Variance request would not be a grant of special privilege in that many of the buildings in this part of the Village would have been developed on properties with a similar slope at a time that predates City Zoning Code regulations. Therefore, this finding can be made in the affirmative. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The Page 3 of 7 68 Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1 granting of this Variance would not be detrimental to the public health, safely or welfare or materially injurious to properties or improvements in the vicinity. The building will be required to meet the current California Building Code Standards and has received a Geotechnical Clearance conditions that will be met. Therefore, this finding can be made in the affirmative. VII. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 07-233 for Variance and Design Review Approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on “Exhibit A” (incorporated by reference, date stamped September 5, 2007) as modified on Sheet L to require potted plants in the entry area off Third Street selected by the project landscape architect and subject to approval by the Community Development Director and in addition signage substantially similar to that shown on the photograph submitted by the Applicant to the Planning Commission at the September 26, 2007 Public Hearing and located adjacent to the entrance to the Sam Cloud Barn building near the bridge. All of the foregoing shall be subject to the conditions state in this Resolution. Any proposed changes-including but not limited to façade design and materials – to the approved plans shall be submitted in writing with a clouded set of plans highlighting the changes. Proposed minor changes to the approved plans may be made subject to the prior approval of the Community Development Director. 2. Prior to Zone Clearance, the Plans, “Exhibit A” shall be modified to show the retaining wall located on City Property (within Parking District #1 adjacent to the westerly side of the subject property) relocated onto the subject property line. 3. Any proposed minor changes-including but not limited to façade design and materials – to the approved plans shall be submitted in writing with a clouded set of plans highlighting the changes. No downgrading in the exterior appearance of the approved residence will be approved by staff. Downgrades may include but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Proposed changes to the approved plans are subject to the approval of the Community Development Director and may require review by the Planning Commission 4. The project shall use materials and colors as illustrated on the Finish Materials Board. 5. Prior to Final Building Permit the retaining wall shall be rebuilt in accordance with City Standards as specified by the Public Works Department. 6. Four sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Division. 7. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. Page 4 of 7 69 Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1 8. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans.” 9. A stormwater retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on-site to the maximum extent feasible, and incorporating the New Development and Construction – Best Management Practices. If not all stormwater can be retained on site, drainage in compliance with Condition 11 shall be included in the Building Permit Plans in a manner satisfactory to the Community Development Director. 10. Post construction water quality mitigation shall be implemented in accordance with measures found in the “Start at the Source – Design Guidance Manual for Stormwater Quality Protection” prepared for the Bay Area Stormwater Management Agencies Association. 11. Site drainage shall be dispersed across landscape or vegetated area and not allowed to discharge as concentrated flow to Saratoga Creek. 12. A wooden sign as shown in the photograph presented by the Applicant to the Planning Commission at the September 26, 2007 public Hearing and of the same style as the sign for Village Square on Big Basin Way shall be constructed adjacent to the entrance to the Sam Cloud Barn building near the bridge. This sign shall be in compliance with all pertinent regulations of Article 15-30 of the Zoning Ordinance. 13. Prior to issuance of a Building Permit for the new structure the applicant/owner shall re- stripe and install landscaping along the three parking spaces adjacent to the Sam Cloud Hay and Feed Warehouse in Parking District # 3, as shown on sheet L-1 of the plans, Exhibit “A”. 14. Prior to issuance of Zoning Clearance for the proposed tenant improvements, the owner/applicant/tenant shall submit to and obtain approval from the Community Development Department for a business license. 15. Prior to issuance of the Building Permit, the owner shall provide an access easement from the Sam Cloud Barn property owner for access to this development as shown on the plans marked Exhibit “A” and the language for the proposed access easement shall be subject to the prior approval of the Community Development Director and the City Attorney. Once the language for the access easement is approved by said City officials, the access easement shall be recorded with the County recorder of the County of Santa Clara and an endorsed copy of such recorded document shall be submitted to the City’s Community Development and Public Works Departments. PUBLIC WORKS 16. An Encroachment Permit issued by the Public Works Department is required for all improvements in any portion of the public right-of-way or of a public easement. Page 5 of 7 70 Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1 17. The owner/applicant is responsible for all damages to curb/gutter, parking lot, and the public street as a result of project construction. The Public Works Engineer will determine if any repair is required prior to final occupancy approval. 18. Any existing sanitary sewer lateral proposed to be reused must be televised by West Valley Sanitation District and approved by the City and the District before reuse. 19. The Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final construction plans for the barn expansion/supplemental addition (i.e. site preparation and grading, site drainage improvements and design parameters for building foundations, and retaining walls) to ensure that plans, specifications and details accurately reflect the consultants’ recommendations. The results of the plan review(s) shall be summarized by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review prior to issuance of permits. 20. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill placement, and foundation construction prior to placement of fill, steel and concrete. The consultant shall specifically inspect construction of temporary shoring walls to confirm adequate geotechnical stability of temporary slope support measures. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (as-built) Project Approval. 21. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 22. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. FIRE DEPARTMENT 23. The applicant shall comply with all requirements of the Saratoga Fire Protection District. CITY ATTORNEY 24.Owner and Applicant shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively “City”) from any and all costs and expenses, including but not limited to attorney's fees incurred by the City or held to be the liability of City in connection with City's defense in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project or contesting any action or inaction in the City’s processing and/or approval of the subject application. PERMANENT CONDITIONS OF APPROVAL 25. Condition No. 15 above shall be a permanent condition of this Design Review Approval. Page 6 of 7 71 Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1 Page 7 of 7 Section 2. Construction must be commenced within 36 months from the date on which this Use Permit became effective or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 7th day of November 2007 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Aileen Kao, Mayor ATTEST: ____________________________________ Cathleen Boyer, CMC City Clerk This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. __________________________________ _________________________ Property Owner or Authorized Agent Date 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 REPORT TO THE PLANNING COMMISSION Application No. & Location: 07-233; 20640 Third Street Type of Application: Design Review and Variance Applicant/Owner: The Sam Cloud Barn L.P. (owner) Staff Planner: Heather Bradley, Contract Planner Meeting Date: September 26, 2007 APN: 503-24-073 Department Head:_____________ John F. Livingstone, AICP 20640 Third Street 88 EXECUTIVE SUMMARY CASE HISTORY Application filed: 01/25/07 Application complete: 09/05/07 Notice published: 09/12/07 Mailing completed: 09/06/07 Posting completed: 09/20/07 PROJECT DESCRIPTION The applicant requests Design Review, and Variance approval to construct a new commercial building next to the historic Sam Cloud Hay and Feed Warehouse (hereafter referred to as the “barn”). The proposed structure is three stories with a basement. The street level is adjacent to Third Street while the basement level will have an entry door adjacent to Parking District #1. The total proposed square footage is approximately 3,798 square feet with an additional 1,142 square feet of basement area. The maximum proposed height is 30 feet. The building coverage is 50% of the site. The gross lot size is 2,378 square feet, and the site is located within the CH-1 zoning district. A Variance application is necessary to allow development because the lot has a 48-percent average slope. PERMANENT CONDITIONS No permanent conditions of approval are required. STAFF RECOMMENDATION Approve the Design Review, and Variance applications by adopting the attached Resolutions. 89 PROJECT DATA ZONING: CH-1 - Commercial Historic District. GENERAL PLAN DESIGNATION: CR - Retail Commercial/Village MEASURE G: Not applicable. PARCEL SIZE: 2,378 square feet SQUARE FOOTAGE OF COMMERCIAL SPACE: 3,798 square feet (with an additional 1,142 square feet of basement area) AVERAGE SITE SLOPE: 48%. GRADING REQUIRED: 338.5 cubic yards of cut (an additional 117 cubic yards of cut has already been removed from the site to accommodate a retaining wall required to shore up the area around the existing trash enclosures) ENVIRONMENTAL DETERMINATION The proposal is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (c) New Construction or Conversion of Small Structures: “A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.” PROPOSED EXTERIOR MATERIALS AND COLORS The proposed colors and materials will be compatible with those found on the barn located on the property next door. These include yellow siding in a shade darker than the barn, wood trimmed windows painted white, a corrugated metal roof and exterior horizontal wood siding. The existing retaining wall will be replaced and will have a stone veneer of a compatible historic style. A color board will be available at the public hearing. 90 PROJECT DATA TABLE Proposal Code Requirements Building Site Coverage Impervious Floor Area New structure: Building, patios/decks: TOTAL: Street Floor: Ground Floor: Sub-Ground Floor: Basement: TOTAL: Proposed: 50% 1,266 sq. ft. Proposed: 1,787 sq. ft. (70%) 1,266 sq. ft. 1,266 sq. ft. 1,266 sq. ft. (1,142) sq. ft. 3,798 sq. ft. Maximum Allowable: 80% = 2,228.00 sq. ft. max. No Maximum: In commercial zones the site coverage includes structures only and places no limitation on impervious coverage. No Maximum: The floor area is limited only by the building coverage limitation of 80% of lot size and by the building height limit of 35 feet. Setbacks Minimum Proposed Minimum Requirement For all structures Front: Rear: North Side: South Side: 0 ft. 0 – 5 ft. (varies) 0 ft. 0 - 5 ft. (varies) No Minimum: There are no setback requirements in the CH-1 Zoning District. Height in feet I. Lowest elevation pt. II. Highest elevation pt. III. Average IV. Topmost pt. of structure V. Maximum height I. 476.0 II. 505.9 III. 496.9 IV. 515.7 V. 30.0 Maximum Allowable: 35 ft. PROJECT DISCUSSION The applicants are proposing to construct a new commercial building on a vacant parcel located to the south of the historic Sam Cloud Hay and Feed Warehouse (barn). The building will consist of approximately 3,798 square feet of commercial retail and office space on three levels with a basement. The structure has been designed to be compatible with the recently renovated historic barn as well as the colors and materials of the barn. The uses of the tenant spaces within the proposed building have not been established, however professional office and personal service businesses are permitted on the lower floors and could be approved with a Conditional Use Permit on the street level. Retail could be located on any level and restaurants would need a Use Permit to locate on any level. 91 History The applicant initially filed the applications 0n January 25, 2007. The proposal was reviewed by the Historic Preservation Commission (HPC) at their meeting of March 13, 2007. At that meeting the HPC determined that the proposed project was consistent with the Secretary of the Interior Standards for additions to historic structures and voted to recommend approval of the project. Since that meeting, the project has been reduced in scope and size by approximately 1,800 square feet. The new structure is now a separate building, no longer an addition to the barn. However, both of these changes are consistent with what the HPC reviewed and staff has not required further HPC approval. The Planning Commission has reviewed various plans at their Study Session meetings of May 22, 2007, July 11, 2007, and August 22, 2007. At each of the last two meetings the applicant presented revised plans and received feedback and further direction from the Commission. The Commission had initial concerns that the structure was too large and lacked adequate architectural articulation. The architect has made several changes to the plans including; reducing the overall square footage, recessing portions of the structure and creating both recessed balconies and overhanging balconies, enlarging the windows, and adding an entry door into the basement level adjacent to the parking lot on Fourth Street. Correspondence and Neighbor Review Staff has sent notices to all property owners within 500 feet of the site for each of the three Study Sessions. Staff has received one letter of concern from the owner of the Inn at Saratoga. The letter is attached to this report for reference. The primary concerns are of building mass and visual impacts to this area of the Village, and lack of available parking. The applicant did obtain many letters from neighboring and surrounding property owners and businesses on Big Basin Way in support of the project. These have been attached for reference. Parking and Circulation The site is located in the Village Parking District # 3, although Parking District # 1 surrounds it on three sides. The City of Saratoga has recently adopted a zoning text amendment, which relaxes all parking requirements in the Village. This ordinance was adopted on January 18, 2006, and became effective February 18, 2006. The new ordinance specifies that no off-street parking shall be required for applications that are deemed complete between March 1, 2006, and February 28, 2009. This amendment identifies a parking surplus that would accommodate either construction of 41,850 square feet of new floor area or intensification of uses in the equivalent amount. So far five businesses and new buildings have taken advantage of the relaxed parking requirements, which have utilized a total of 8,594 square feet of floor area, thus leaving 33,256 square feet remaining. With approval of this project the remaining available square footage would be 27,824 square feet. If this project were required to provide parking it is estimated that approximately 20 spaces would need to be provided (purchased within the parking district) based on a mix of retail, office and storage uses. If restaurant uses were proposed the required parking spaces would be more. The applicants have proposed making some improvements to the parking area located to the south of the barn adjacent to Third Street. This would include re-striping the three parking spaces at an approximately 45-degree angle and providing a small landscape buffer adjacent to the barn and new 92 building. Since the renovation of the barn is near completion, Staff has included a condition within the attached Resolution that the proposed landscaping and re-striping be completed prior to issuance of building permits for the new structure. Trash Enclosures Two existing trash containers are located at the ground level adjacent to the site on City owned property. These are enclosed within two concrete block structures with wood slatted gates. The applicants are proposing to change the gates to a solid wood appearance. Geotechnical/Grading The project has obtained a geotechnical clearance with conditions that have been added in the Resolution for this project. The project proposes a total cut of 338.5 cubic yards, which includes excavation of the basement. An additional 117 cubic yards of cut has already been removed from the site to accommodate a retaining wall that was required to shore up the area around the existing trash enclosures. Arborist Review The City Arborist has not reviewed this application. There is one tree located in the far southwesterly corner of the site that will be retained. Landscaping Proposed landscaping consists of trailing flowers located behind the proposed retaining wall, potted annuals on the patio and small shrubs and flowering plants near the front entrance facing Parking District # 3 off of Third Street. Green Building Techniques The applicant proposing green building materials such as; insulated concrete with byproduct fly ash (less waste), engineered wood and/or Forestry Certified wood (sustainibly managed and harvested), zero-VOC paint, low-VOC adhesive, energy efficient windows and insulation. The project will be cut into the hillside so that the lower floors can take advantage of passive insulation and the building is somewhat oriented in the east-west direction to take advantage of solar exposure. The applicant will have a Green Building Techniques list available at the Public Hearing. VILLAGE PLAN AND VILLAGE DESIGN GUIDELINES CONFORMITY The City adopted the Saratoga Village (Specific) Plan in 1988 to encourage future development in the Village while protecting its historical significance. The following are objectives stated in that plan that are pertinent to this project: • Encourage new buildings and renovations that are harmonious with adjacent buildings and with the existing Village design context as a whole, and as examples of design excellence. 93 • Adhere to the Village character of visual simplicity, depend on materials and the placement and articulation of basic architectural elements (e.g. windows and doors, open spaces, rooflines, etc.) for their visual interest rather than on surface ornamentation or the arbitrary imposition of stylistic elements. • One material, color and texture should be used for the whole façade and for any side walls that will permanently or for any extended period be seen from public rights-of-way or from neighboring properties, excepting that different materials, colors and textures may be used for architectural details. • Where possible, the materials and colors of the new buildings should be compatible with adjacent existing buildings. • Where possible, the forms of the new building (e.g., roof lines, elevation and rhythm or windows, etc.) should be compatible with adjacent existing buildings. In response to the objectives of Village (Specific) Plan, the City adopted the Village Design Guidelines in 1991 to assist the City in carrying out many of the policies and goals of the Village (Specific) Plan. The following objectives of the Village Design Guidelines are pertinent to this project. • To encourage new construction and renovation of existing buildings that is compatible with adjacent buildings with the Village design context as a whole, and as examples of design excellence. • Acceptable materials and textures include: horizontal wood siding, smooth finish brick, stucco with a light finish and painted surface, transparent glass, natural river rock or stone, anodized metal, treated with an attractive finish, tile with a matte finish, concrete textured or painted to reduce the massive appearance, architectural details in wood or caste plaster, wood window frames and moldings, painted steel sash or anodized metal. Staff finds that this proposal is consistent with the objectives stated above in that: the proposed design is harmonious with adjacent buildings and the Village as a whole, the bulk and massing of the building is consistent with that of neighboring buildings and some of the larger buildings found in the Village. The proposed materials and colors, as well as window and door spacing are consistent with the objectives of harmony, compatibility, visual simplicity and architectural interest without being overly stylistic. The wide shiplap siding, wood trim and double hung windows are compatible with materials found on other historic structures in the vicinity and on buildings throughout the Village. The building takes advantage of windows and recessed balconies to provide visual breaks rather than exterior embellishments. GENERAL PLAN FINDINGS Approval of the proposed project would be consistent with the following General Plan Goals and Policies as discussed below: • Land Use Policy LU 7.1: The City shall consider the economic impacts of all land use decisions on the City. The project proposes to locate a commercial building on the site with approximately 1,266 square feet of retail on the street level and approximately 2,532 square feet of other areas that could be used for office, personal services or retail. The mix of retail and office use will help the Village by bringing in 94 more people to work, shop and dine. The project will further offer an economic benefit by creating commercial space on a vacant parcel. • Area Plan J - The Village - Guideline # 7: Encourage development of types of establishments with structures designed to maintain a ‘country’ atmosphere. All new structures in the Village should be designed to promote an historic area of the City. The architectural style of the proposed building is in keeping with the historic nature of the Village and is designed to be compatible with the Sam Cloud Hay and Feed Warehouse as well as the more contemporary Inn at Saratoga. The metal roof, wood siding and wood trim windows lend to this historic feel. DESIGN REVIEW The proposed structure is designed to be architecturally similar in style to the existing barn, which was built as a warehouse for the Cloud-Smith General Store building, now occupied by Harmony Day spa and Bella Saratoga restaurant. The proposed structure is designed with wide shiplap siding; enclosed balconies with wood railings, a corrugated metal roof, wood trim double hung windows, glass doors and stone veneer on the proposed retaining wall. DESIGN REVIEW FINDINGS FOR MULTI-FAMILY AND COMMERCIAL STRUCTURES The proposed project supports the findings for Design Review approval subject to City Code 15- 46.040: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious, Such features include height, elevations, roofs, material, color and appurtenances. This proposal is only for one commercial building, however the development is designed to minimize interference with views and privacy to adjacent properties. The building is stepped down the hillside from the adjacent barn and is also at a lower elevation than the Inn and other buildings in the vicinity. The structure will not be visible from Big Basin Way because it is located behind the Bella Saratoga and Harmony Spa building. It will also have limited visibility from Fourth Street, but will be partially visible from the Third Street parking area in District #3 and also from the lower Inn parking lot adjacent to Saratoga Creek and the District #1 parking lot. The project proposes maintaining some existing vegetation in the far south corner of the lot as well as adding new landscaping in small areas around the structure. The structure is designed in a similar style and with similar materials as other historic structures in the Village, especially resembling the Sam Cloud Hay and Feed Warehouse, with horizontal shiplap siding, similar colors and metal roof. Therefore, this finding can be made in the affirmative. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. The proposal does not include any signage. Future signage will be required to meet the City sign code requirements and Village Design Guidelines. Therefore, this finding can be in the affirmative. 95 (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and to the maximum extent feasible it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. There is very little existing landscaping on the property. The applicants intend to retain the one tree located at the southerly corner of the site. New landscaping will be planted in areas at the front, adjacent to the parking lot, at the back adjacent to the retaining wall and the side around the proposed patio. Therefore, this finding can be made in the affirmative. (d) Colors of wall and roofing materials shall blend with the natural landscape and be non-reflective. The proposed colors and materials will blend with the natural landscape and be non-reflective. Further, the use of colors, materials and detailing add interest and articulation to the buildings. Therefore, this finding can be made in the affirmative. (e) Roofing materials shall be wood shingles, wood shakes, tile or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. The proposed structures will use a metal roof similar to the roof on the existing historic barn next door. No mechanical equipment is proposed on the roof. Therefore, this finding can be made in the affirmative. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. The proposed project will be compatible with other developments in the Village. The area is mostly comprised of two and three-story structures of approximately the same height and bulk. While the architectural styles vary this proposal will be compatible. Therefore, this finding can be made in the affirmative. VARIANCE Pursuant to City Code 15-19.020 (d), the average slope beneath a structure shall not exceed 30-percent slope and no structure shall be built upon a slope that exceeds forty- percent natural slope at any location under the structure between two five-foot contour lines. The average site slope of the property is 48-percent, therefore, the Variance application is necessary to allow any structure to be built on this parcel. VARIANCE FINDINGS The proposed project is supported by the findings for Variance approval subject to City Code 15- 70.060: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. Due to the steep topography of the site, construction of any structure would not be possible without the granting of a Variance and the property is a legal lot of record. Staff has determined that the structure is 96 consistent with all of the Design Review findings and that denying the development due to slope would be an undue hardship and deprive the applicant privileges enjoyed by other property owners and businesses in the vicinity. Therefore, this finding can be made in the affirmative. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the imitations on other properties in the vicinity and classified in the same zoning district. Granting of this Variance request would not be a grant of special privilege in that many of the buildings in this part of the Village would have been developed on properties with a similar slope at a time that predates City Zoning Code regulations. Therefore, this finding can be made in the affirmative. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The granting of this Variance would not be detrimental to the public health, safely or welfare or materially injurious to properties or improvements in the vicinity. The building will be required to meet the current California Building Code Standards and has received a Geotechnical Clearance conditions that will be met. Therefore, this finding can be made in the affirmative. CONCLUSION Staff finds that all of the Design Review and Variance findings can be made in the affirmative and the proposal is consistent with the General Plan. STAFF RECOMMENDATION Staff recommends the Planning Commission find that this Application is not subject to CEQA review and approve the request for Design Review and Variance approval by adopting the attached Resolutions. ATTACHMENTS 1. Resolution of Approval –Design Review & Variance 2. Statement of Variance findings submitted by the Applicant dated August 29th, 2007 3. Minutes from Heritage Preservation Commission meeting of March 13, 2007 4. Correspondence from Mr. Kwan Lee, Proprietor of the Inn at Saratoga dated May 22, 2007 5. Neighbor Notification forms 6. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels 7. Plans, Exhibit "A" 97 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, September 26, 2007 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Hlava called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao Absent: None Staff: Director John Livingstone, Contract Planner Heather Bradley and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of August 22, 2007. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission minutes of the regular meeting of August 22, 2007, were adopted with a correction to page 24. (7-0) APPROVAL OF MINUTES – Regular Meeting of September 12, 2007. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the Planning Commission minutes of the regular meeting of September 12, 2007, were adopted with corrections to pages 6,7 and 9. (4- 0-0-3; Commissioners Cappello, Kumar and Kundtz abstained) ORAL COMMUNICATION There were no oral communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 20, 2007. CONSENT CALENDAR There were no consent items. 98 REPORT OF APPEAL RIGHTS Chair Hlava announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050(b). *** PUBLIC HEARING - ITEM NO. 1 Application #07-233 (APN 503-24-071/073) Sam Cloud Barn, L.P (Owner) 20640 3rd Street: The applicant requests Design Review and Variance Approval to construct a new commercial building attached to the historic Sam Cloud Hay and Feed Warehouse currently undergoing renovation. The proposed structure is three stories with a full basement. Total square footage of the addition is 7,506 square feet and the maximum height is 35 feet. The maximum building coverage is 77 percent of the site. The gross lot size is 4,187 square feet and the site is zoned CH-1. The Variance application is necessary to allow development on a lot with a 48 percent slope. (Heather Bradley) Contract Planner Heather Bradley presented the staff report as follows: • Reported that a list of green building construction for this proposed project has been distributed this evening. • Explained that the applicant is seeking Design Review and Variance approvals for the construction of a three-story building with basement on a vacant parcel located off 3rd Street and Big Basin Way. Each floor consists of 1,260 square feet with a 1,140 square foot basement. The coverage is at 50 percent and the maximum height is 30 feet. • Stated that a Variance is needed because the average slope of this property is greater than 30 percent. • Said that the architectural style is an early-American Pioneer building form, which matches the Sam Cloud Barn and Feed Store that is located next door. The architect has tried to match all the materials and details found on the Sam Cloud building while adding some features such as recessed and hanging balconies. • Advised that the two buildings are separated, however, the existing staircase for the original Barn building will extend onto this property and will require an access easement. Walkways will connect the two buildings. • Said that a materials board is available. • Explained that this project is revised since the last Study Session at which the Commission saw it. The project has been discussed three times in Study Sessions and has been substantially reduced in square footage from the original proposal in May. They have separated the building from the original Sam Cloud Barn and reduced it by approximately 2,000 square feet. They 99 have eliminated a tower and added recessed balconies to the exterior elevation, which faces the parking lot off 4th Street. By separating the buildings, they have also deleted the proposed glass wall between the two buildings. • Reported that the Heritage Preservation Commission reviewed this project in March against the Secretary of the Interior’s requirements for additions to historic structures. However, since this is no longer connected to the Sam Cloud Barn it is no longer considered an addition. • Stated that there has been one letter of opposition submitted by Mr. Lee, owner of Saratoga Inn. He expresses concerns with the loss of views of the Sam Cloud building and increased demand for available parking in the vicinity. • Reminded that there is no parking required for this project as the City has relaxed its parking requirement for the Village to encourage new businesses. • Added that if required to provide parking, the requirement for this new building would be approximately 20 spaces depending upon the mix of tenants. Three angled parking spaces will be provided. • Said that retail uses would be permitted on any floor of this building, as could personal service businesses. A restaurant would require issuance of a Conditional Use Permit. • Stated that the applicant would like to copy the design of signage found at the Village Square. • Said that findings can be made and recommended that the Planning Commission grant Variance and Design Review approvals with conditions. City Attorney Jonathan Wittwer offered the following edits to the draft conditions: • Condition 1 – add the word “minor” prior to changes. • Condition 3 – add the word “minor” prior to changes. • Condition 9 – add the text, “A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on site to the maximum extent feasible and incorporating the new construction and best management practices. If not all storm water can be retained on site, drainage in compliance with Condition 11 shall be in the building plan in a manner satisfactory to the Community Development Director.” • Condition 12 – eliminate draft condition as it is from a previous project. • Formerly Condition 13 and now new Condition 12 – add the text, “Prior to issuance of the building permit, the applicant/owner shall provide an access easement with the Sam Cloud Hay and Feed Warehouse and provide language for the proposed access easement for approval by the City Attorney and Community Development Director.” • Old Condition 19 and now new Condition 18 – add text, “Existing sewer lateral to be televised, if it is going to be used, to the satisfaction of the District and City.” 100 Commissioner Rodgers asked if there are conditions that need to be made permanent, such as the easement. City Attorney Jonathan Witter agreed that the easement needs to be permanent and will be recorded. However, as that easement could also be rescinded later, he recommends that the condition for an easement be made permanent. Commissioner Cappello asked if the issue raised by the owner of the Saratoga Inn is documented and part of the packet. Planner Heather Bradley replied yes, it is in Attachment #4. Chair Hlava pointed out that there are also nine forms supporting the project. Commissioner Nagpal asked for verification that if the parking rules were not relaxed the parking requirement for this project would be 20 spaces. Planner Heather Bradley replied yes. She added that there is still 33,256 in area still available. Commissioner Nagpal asked if there is a provision requiring retail uses on the ground floor. Planner Heather Bradley said that this would be at the discretion of the Planning Commission as this building is now separated from Big Basin Way so it would allow for office and service uses on the first floor. Commissioner Rodgers asked for clarification for the record on Mr. Lee’s contention that there are parking spaces that are privately owned. City Attorney Jonathan Wittwer said that this has been spelled out on the record. Commissioner Rodgers said that Mr. Lee claims to own the first two rows of parking. City Attorney Jonathan Wittwer said that this is not a part of the required findings. Commissioner Nagpal asked again whether retail uses are not being mandated. Planner Heather Bradley replied correct. Commissioner Rodgers asked for clarification regarding the use of the term “engineered” wood versus actual wood. Planner Heather Bradley said that the Barn used its former exterior wood on the interior and the exterior was reconstructed of engineered wood. 101 Commissioner Nagpal pointed out that the staff report calls out for 1,266 square feet of retail on the first floor. Planner Heather Bradley said that this is an error. That is not a requirement under the zoning. City Attorney Jonathan Wittwer said that the finding should be redrafted and pointed out that Exhibit A does not show a particular mix of retail. Director John Livingstone said that the new building was just recently disconnected from the old. If they remained connected, the requirements for retail on the first floor would apply. However, the new structure is completely functional as an independent building. It is a separate parcel with a stand-alone building. Chair Hlava expressed concern with the finding requiring retail in the draft resolution. City Attorney Jonathan Wittwer said that finding would need to be modified. Chair Hlava opened the public hearing for Agenda Item No. 1. Mr. Craig Aubrey, Applicant: • Said he is here with Mr. Bob Hausman. • Thanked the Commission for its patience and reminded that this is the fifth meeting on this project. • Thanked staff, the Commission and Project Architect Warren Heid. • Offered to provide a project overview. • Reported that in 2005, this project started. They had two lots. The first project was to improve the Sam Cloud Barn through restoration and re- adaptation to commercial use. Now they are planning the second lot and submitted the original proposal for that lot in January 2007. The Heritage Preservation Commission reviewed the project in March and approved the development of the site. • Added that this Planning Commission conducted three study sessions in May, July and August of this year. This public hearing before the Commission tonight represents the fifth public meeting altogether on this project. • Assured that they have listened and made lots of changes to the project that he hopes to see approved tonight. • Explained that they met with neighbors individually including the Cleaners at 3rd and Big Basin Way, the Harmony Day Spa, Bella Saratoga, the Nail Salon, the Thai restaurant, the jewelry store, Blue Rock Shoot and Prophecy Skin Care. They met with owners and/or retail tenants except for Mr. Lee. • Expressed appreciation for their support. 102 • Said that they provided a data sheet on the concept of green building and said they plan to do as many as they can. He described the steps taken to preserve and reuse materials from the original Sam Cloud Barn building during its remodel. • Stated that this has been a long process and he thinks this is a better project now than in its original form. It has been reduced in size by 20 percent. They have added windows and recessed balconies, changed roofing height and increased the visual impact of the entry. • Said that they are very happy and proud of the proposed building and hope to obtain approval this evening. Commissioner Rodgers thanked Mr. Craig Aubrey for working with the City through all of those meetings. She expressed her appreciation for that effort. Commissioner Nagpal also extended her appreciation for their participation in numerous study sessions. She reiterated her concern that there is no requirement for retail and said that she expects a certain percentage of retail on the first floor. Mr. Craig Aubrey said that he is in commercial real estate. He added that they have not begun to market this site as of yet and there are no tenants lined up. He said that there have been some inquiries from interested retail uses. Chair Hlava asked if the signs proposed for the new building are intended to be the same as for the Barn. Mr. Craig Aubrey said that they have not decided yet and can work with staff in the future. Chair Hlava said that she has real concerns about signage in the Village in that she feels the Sign Ordinance is too restrictive. She stressed the importance in finding these businesses. She said that regarding the entryway she believes that there should be landscaping included there. Mr. Craig Aubrey said he would defer this issue to their Landscape Architect, Jeff Heid. He asked Architect Warren Heid if he has any comment on this issue. Mr. Warren Heid, Project Architect, said he had talked to Jeff. It is pretty dark there in the entry and once built they will take a look at what can be put in there. He cautioned that this area is only five feet wide with minimum sun exposure. He assured they would have a better idea the next time around. Chair Hlava said she was really concerned about garbage pick up accessibility and asked if there is enough room to access the garbage enclosure. 103 Mr. Warren Heid said that there would be more access space than is there right now. He assured that yes they could back in. Chair Hlava asked about new doors on the trash enclosures. Mr. Warren Heid said that they would be better than what is there right now. Chair Hlava said that plantings in pots would be sufficient for the entry area but they will require light and water. She asked about conditioning this as a requirement. Planner Heather Bradley said that additional potted plans in the entry could be added to the existing landscape plan. Chair Hlava said she would like that. Planner Heather Bradley said that the applicants would like to receive approval of their sign tonight. It would be located adjacent to the Sam Cloud Barn and the old bridge. Chair Hlava said she has a problem with that until it is known who the tenants might be. She said she is reluctant to approve signage like that tonight especially as signage for the Barn is not on the agenda. Mr. Craig Aubrey said that it is important to allow the tenant to be on the sign. Another sign would be proposed on the other building. Commissioner Rodgers asked if the new building would be accessible through the Sam Cloud Barn. Mr. Craig Aubrey said that they would be separate buildings with separate entrances. He said that they are concerned about people finding their way back there. Commissioner Rodgers asked if it would be possible to walk into the Sam Cloud Barn and walk to the back building. Mr. Craig Aubrey replied yes. Commissioner Kumar asked if there were plans to include signs at the rear of the building. Mr. Craig Aubrey said that they might but have no specific plans at this time. Commissioner Nagpal asked Mr. Craig Aubrey if he would prefer to receive a sign approval tonight. 104 Mr. Craig Aubrey replied yes, if possible. Chair Hlava said that she could go with that request and they could come in for more signage later. Mr. Gene Zambetti: • Said that he is a commercial property owner in the Village. • Stated he is in support of this application. • Said that this project straddles two parking districts and will help create pedestrian activity. He added that between 3rd and 4th Streets is the best area as far as potential sales tax activity. • Pointed out that the Saratoga Fire District provides fire services for this area and that should be corrected in the conditions. Commissioner Nagpal told Mr. Gene Zambetti that she is concerned about the lack of committed retail on the first floor of this project and asked him for his perspective on this issue. Mr. Gene Zambetti said that one would likely see decorator items and personal services. He added that there is lots of risk for the developer right now, as this building would be really hidden. The consumers will have to find it, which is difficult for retail. This will have to be a point of destination. It would be easier to locate retail in the Barn. Commissioner Rodgers asked Mr. Gene Zambetti if he foresees entry retail off the parking lot in the future. Mr. Gene Zambetti said there is the possibility but the City may have to change what it allows and might have to go with some kind of franchise. Mr. Bob Hausman, Applicant: • Said that traffic is needed to create a tax base and generate sales tax. • Added that a balance of the uses in the region is necessary. Existing retailers in the Village need to optimize traffic and sales. Chair Hlava closed the public hearing for Agenda Item No. 1. Commissioner Nagpal: • Thanked the applicants and their team for participation in three study sessions. • Said that she was originally uncomfortable with some elements of this project but through a reduction in size and elevation changes she is more comfortable. • Expressed appreciation for the plans for green construction where possible. 105 • Said that nothing could go onto this lot without a Variance so she is comfortable supporting a Variance. • Pointed out that the relaxed parking requirements are intended to attract new projects. • Stated that the need for retail uses is the key issue on her mind. • Agreed that foot traffic is important for retail. • Said she appreciates the efforts taken by the applicants and supports this project, as it will bring people to Saratoga to work there. Commissioner Zhao: • Said that she can make the Variance findings. • Expressed appreciation that recommendations have been taken and the original design modified accordingly. • Said that she has no concern regarding requiring retail uses as bringing people to the Village will benefit the Village overall. It will help the existing retail. • Said she could also make Design Review findings and totally supports this project. Commissioner Rodgers said that some retail is important and requested that the applicants make an effort to recruit retail uses. Commissioner Kundtz said he too appreciates the applicants’ efforts and agreed with Commission Zhao’s comments. He said that even if the space were filled with professional services instead of retail, it would increase foot traffic for the Village. He wished the applicants well. Commissioner Kumar: • Thanked the applicants for their participation in the study sessions. The issues of bulk with the original design have dissipated and overall he is thrilled with this new structure on this vacant piece of land. • Added that the possibilities are endless and he is not too hung up on retail there. • Stated his agreement with the staff recommendation to grant Design Review and Variance approvals. • Wished the applicants all the best. Commissioner Cappello: • Stated his agreement with what has been said. • Said that this new building is tied in to a very precious building, the Sam Cloud Barn. • Added he would love to see more retail in this new building but does not feel it is appropriate to mandate it. • Assured that market conditions and interest will work it out. 106 • Suggested that the applicants are listening and will make an effort to obtain retail if possible. • Added that whatever happens here will be of benefit to the Village. • Said that he has no problem supporting the Variance as nothing can be built here without one so it is warranted. • Stated he can also make the Design Review findings. Commissioner Rodgers said that she is completely happy with this project and has no objection to including professional services and/or office uses here. Chair Hlava: • Said that as the Village is on a hill, without a Variance this lot could not be built upon. • Added that this means the Variance is not a special privilege and will not be detrimental to the public health, safety and/or welfare. • Echoed the thanks given to the applicants for participation in lots of study sessions. • Said that the project is now significantly smaller and a better looking project than it started. • Supported the change to the resolution to correctly list the fire services provided by Saratoga Fire District. • Said that the easement will be made a permanent condition. • Supported the sign request too. Planner Heather Bradley: • Clarified that the new Condition 12 will be for the sign approval. • Added that the original Condition 13 will remain the requirement for an access easement as a permanent condition of approval. • Said that a requirement to add entry landscaping via potted plants should be per the approval of the Community Development Director. City Attorney Jonathan Wittwer: • Suggested that the additional landscaping be included as Condition 1 to read, “as modified on Sheet L to require potted plants in the entry area.” • Modified a finding to read, “This project proposes to construct a new building on site that promotes economic opportunities within the Village.” • Said that signage is being approved as a part of Condition 1 as well. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, the Planning Commission granted Design Review and Variance approvals to allow the construction of a new commercial building on property located at 20640 3rd Street, with the modifications previously stated by the Assistant City Attorney and the following modifications: 107 • Revised finding for L requiring an access easement as a permanent condition of approval; • Remove the draft Condition 12 and create a new Condition 12 that approves signage; • Condition 1 to be modified to include planting subject to approval of the Community Development Director and signage • Change Condition 24 to reflect the Saratoga Fire District, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None *** 108 SARATOGA CITY COUNCIL MEETING DATE: November 20, 2007 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor SUBJECT: Establishing a Timeline for the North Campus Child Development Center and Gymnasium Project RECOMMENDED ACTION(S): Accept report and establish a timeline for the North Campus Child Development Center and Gymnasium project and direct staff accordingly. REPORT SUMMARY: At the June 6, 2007 meeting, Council received a total of nine conceptual proposals for the use of North Campus. Following the staff report, public comment, and Council discussion, Council directed staff to meet with Mr. Alan Beck, Lisa Beck, Neus Diaz, and Juan Menendez to seek refinement of their proposal to construct a Child Development Center and Gymnasium at the site. On June 20, 2007, Mr. Beck submitted a revised proposal that addressed much of Council’s direction. On June 26, 2007, the City Council held a Study Session to consider the proposal for construction of a gymnasium and child care center at the North Campus. On July 18, 2007 Council held a joint study session with the Planning Commission in order to obtain additional information and after a more concerted effort to gain public input. Project Description The current proposal calls for the demolition of the Sanctuary building, the Education building, and the front driveway in order to construct two new pre-engineered steel buildings at a cost of $1,217,500. A 7,275 with specification of a priority for Saratoga residents. The proposers would operate the childcare center. The program would include weekend workshops for parents and their children, after hour teacher availability, and monthly “Parents Night Out” childcare. The project sponsors have created a web site presenting their proposal (http://www.northcampuscdc.com/NCCDC/Welcome.html). Funding for the project would be made through personal investment and a pre-approved SBA loan. The proposal requests a 10 year lease at current market rates with a leaseback credit for 100% of the cost of the gymnasium and 50% of the costs for the child development center. Staff met with Alan and Lisa Beck on October 25th to discuss a potential timeline for the proposed project. The project sponsors have undertaken considerable efforts to present the City with a clear and complete proposal but have not submitted a formal development application to the Planning Department as of the date of this report. According to the Beck’s, in order for them to commit further personal resources toward the project, they require a commitment from the City in the form of a Memorandum of Understanding (MOU) before proceeding. Such an MOU would include assurances that the City would not send the project out to bid and outline certain permit processes and responsibilities. The Beck’s have contracted with local architect Steve Benzing for site map and floor plan drawings and additional architectural services but have made no further commitments toward construction. In order to ensure that the project does not experience unnecessary delays and the public is able to take advantage of the community resource as quickly as possible; a timeline for completion of the project should be established. FISCAL IMPACTS: Not applicable. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda was posted in compliance with the Brown Act. 110 ATTACHMENTS: None 111